Deferred Action for Childhood Arrivals (DACA) is a discretionary determination to defer removal action of an individual, via an act of prosecutorial discretion. If granted, it will allow individuals brought to the United States as young children, through no fault of their own, the chance to work, study, and live in the U.S. without fear of deportation. The deferred action program is intended to help streamline enforcement of federal immigration laws by focusing limited immigration enforcement resources on removing undocumented immigrants who have been convicted of serious crimes, or who are considered to be a risk to national security.

An individual who has been granted deferred action is eligible to receive an Employment Authorization Document (EAD) in two year increments for the period of deferred action. At the expiration of the two year period, the grant of deferred action can be renewed, pending a review of the individual case.

You are eligible to request deferred action if you:

  • Were under the age of 31, as of June 15, 2012;
  • Came to the United States before reaching your 16th birthday;
  • Are at least 15 years of age at the time of filing;
  • Up until the present time, have continuously resided in the United States since June 15, 2007, other than for brief innocent departures;
  • Were physically present in the United States on June 15, 2012, as well as at the time you make your deferred action request with USCIS;
  • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, significant misdemeanor such as a single DUI, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

At the Bustos Law Firm PC, we are experienced in the deferred action process. From preparing the application, to providing supporting documentation and responding to Requests for Evidence, we will work with you to properly complete and file your application until you have your final approval from USC

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