On June 15, 2012, the U.S. Department of Homeland Security (“DHS”) issued a Policy Memorandum directing all branches of the DHS to exercise prosecutorial discretion for young undocumented people who came to the United States as children. Under this new policy temporary relief, known as “Deferred Action,” is available to individuals who lacked any intent to violate U.S. immigration laws, who have been educated and trained in the United States, and/or serve in our armed forces, and thus, may benefit U.S. society. With Deferred Action a person will be able to remain in the United States without fearing removal (i.e. deportation) and to obtain employment authorization, to work lawfully in the United States. Grants of Deferred Action are available to both young people who are in removal (i.e. deportation proceedings) and those who are not, and will be for 2-year periods, and may be renewed at the end of such period. You are eligible for Deferred Action under DHS’s new policy if:
1) You came to the United States when you were under 16-years-old;
2) You have continuously resided in the United States for 5 years before June 15, 2012;
3) You were in the United States on June 15, 2012;
4) You are currently in school, and/or you have graduated from high school, and/or you have obtained a general education certificate, and/or you were honorably discharged as a veteran of the United States Coast Guard or Armed Forces;
5) You have not been convicted of a felony, or a significant misdemeanor, or multiple misdemeanors;
6) You do not otherwise pose a threat to national security or public safety;
7) You are not above 30-years-old.
While Deferred Action is wonderful temporary immigration solution for young undocumented people, please be advised that at this time, a grant of deferred action does not provide a pathway to obtaining a green card or to becoming a U.S. Citizen.
ICE-Granted DACA Renewal Guidance
We wish to inform you of your opportunity to renew Deferred Action for Childhood Arrivals (DACA). Our records indicate that U.S. Immigration and Customs Enforcement (ICE) deferred action under the DACA process in your case. If you wish to renew your deferred action for another two year period, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrival to U.S. Citizenship and Immigration Services (USCIS). This form must be completed, properly signed and accompanied by a Form I-765, Application for Employment Authorization (along with the accompanying filing fees for that form, totaling $465), and Form I-765WS.
If your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action. For this reason, USCIS encourages you to submit your request for renewal 120 days before your current period of deferred action under DACA expires.
An individual whose case was initially deferred under DACA by ICE may be considered for Renewal of DACA from USCIS if he or she:
- Was under the age of 31 as of June 15, 2012;
- Came to the United States before reaching his or her 16th birthday and established residence at that time;
- Has continuously resided in the United States since June 15, 2007, up to the present time;
- Did not depart the United States on or after August 15, 2012 without advance parole.
- Was present in the United States on June 15, 2012, and at the time of making his or her request;
- Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
- Has graduated or obtained a certificate of completion from a high school, has obtained a general educational development certificate, is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; or was in school at the time he or she requested DACA from ICE and: 1) has successfully completed an education, literacy, or career training program (including vocational training) and obtained employment, 2) is currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or 3) has made substantial, measurable progress toward completing an education, literacy, or career training program and,
- Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
USCIS will review your request to determine whether the exercise of prosecutorial discretion is appropriate in your case. Each case will be considered on an individual, case-by-case basis. Even if you satisfy the threshold criteria for consideration of Deferred Action for Childhood Arrivals, USCIS may determine, in its unreviewable discretion, that deferred action is not warranted in your case. You will be notified of the decision in writing. There is no motion to reopen/reconsider the decision and there is no right to appeal; however, USCIS may issue a Request for Evidence to obtain further evidence to demonstrate that you meet the guidelines.
For additional information on needed documentary evidence or to download the required forms, please visit www.uscis.gov/childhoodarrivals.
From U.S. Citizen and Immigration Service website