Guidance Regarding Renewals of Deferred Action for Childhood Arrivals
On June 15, 2012, the Obama Administration issued a memorandum regarding younger undocumented immigrants that was put into action by the Secretary of the Department of Homeland Security. This memorandum directed the United States Citizenship and Immigration Service (USCIS), United States Immigration and Customs Enforcement (ICE) and United States Customs and Border Protection (CBP) to use discretion in deciding whether to defer action against certain undocumented young adults who came to the United States as children and received education or entered military service here.
The USCIS released the forms to apply to DACA on August 15, 2012. However, some people were granted deferred action between June 15 and August 15, 2012. This article applies to only that group of people.
Who Can Apply for Renewal of DACA?
You can apply for renewal of DACA if all of the following things are true about you:
- You were younger than 31 years old on June 15, 2012.
- You came to the United States before your sixteenth birthday and established residence here.
- You have continuously resided in the United States from June 15, 2007, until the present.
- You did not leave the United States on or after August 15, 2012, without advance permission to do so.
- You were in the United States on June 15, 2012 and at the time you requested deferred action.
- You came into the United States without inspection before June 15, 2012 OR you had legal immigration status, but it was expired as of June 15, 2012.
- You have not been convicted of any of the following, and you don't pose a threat to national security or public safety:
- a significant misdemeanor (including burglary, domestic violence, sexual assault, driving under the influence, unlawful possession of firearms, and drug distribution or trafficking),
- three or more other misdemeanors
- You have EITHER:
- graduated from high school, OR
- received a certificate of completion from a high school, OR
- gotten your GED, OR
- been honorably discharged from the U.S. Coast Guard or Armed Forces, OR
- you were in school at the time you originally requested DACA AND one of the following things is true:
- you have successfully completed an education, literacy or career training program and gotten a job, OR
- you are currently enrolled in high school, postsecondary school or a new or different education, literacy, or career training program, OR
- you have not yet completed an education, literacy, or career training program, but you have made substantial progress toward completion of such a program.
Other Important Things to Remember
Requests for renewal of deferred action are looked at by USCIS on a case-by-case basis. DACA renewals are discretionary. That means that even if all of the statements above are true about you, you still may not be granted a renewal of deferred action. No matter what the decision is in your case, you will get a written notice of it.
The decision about renewal of your deferred action is not reviewable, which means that you can't appeal the decision or ask that your request be reconsidered. However, USCIS may decide to ask for more information to make their decision. This is called a Request for Evidence. And remember that even if you get a renewal of DACA, it still only means that any action against you is deferred; it is not a path to citizenship.
Contact the Law Offices of Van T. Doan for more information regarding any other questions you may have about renewal of Deferred Action for Childhood Arrivals.
Categories: Immigration Law