Beginning August 15, 2012, applicantsare permitted to file with USCIS a deferred action application petition (DACA):
Deferredaction is the indefinite delay of removal proceedings based on prosecutorialdiscretion. An individual with deferred action is not considered to be in alawful status, but such individuals may receive employment authorization ifthey can demonstrate “an economic necessity for employment”. Deferred action does not wipe away any priorperiods of unlawful presence in the US, but a deferred individual does notaccrue additional unlawful presence time during the time deferred action is ineffect.
· Entered the US before age 16
· Was under the age of 31 on June 15,2012
· Was in the US on June 15, 2012
· Has been continuously residing in theUS since June 15, 2007
· Entered the US without inspectionbefore June 15, 2012 or entered lawfully but whose legal status expired as ofJune 15, 2012
· Is currently in school, has graduatedor obtained a certificate of completion from high school or received a generaleducation development (GED) certificate or has been honorably discharged fromthe Coast Guard or Armed Forces of the United States
Deferredaction grants will be conferred for two years at a time. Every two years,individuals can request renewal of deferred action as well as an extension ofwork authorization. Applicants no longer need to be under 31 at the time of anextension.
Applying fordeferred action will not put your parents or other relatives atrisk.
Who can assist with filing a deferredaction application petition:
USCIS andICE have strict rules regarding who can assist with preparing and filingapplications. Only attorneys and representatives of specially approvednon-profit organizations may do so. USCIS has warned the public not to workwith so called “notarios” as such individuals are engaged in the unauthorizedpractice of law, a crime in every state. Individuals holding themselves out asimmigration consultants are also violating unauthorized practice of law statutesin Tennessee, Arkansas and Mississippi.
Caro Kinsella Attorney & Counselor at Law
Law Offices of Caro Kinsella P.A.
10 Fairway Drive, Suite 134V
Deerfield Beach, FL 33441 Telephone: 954-304-2243