In 2014, President Obama signed an executive order to expand a program called the Deferred Action for Childhood Arrivals (DACA). This program made substantial reforms to the United States immigration policy.
DACA called for a refocus of immigration enforcement resources, and most notably, permitted a sizable portion of undocumented immigrants to live and work legally in the U.S. The executive order went into effect on January 5, 2015.
Who Qualifies?
Unfortunately, due to administration changes, the United States Citizenship and Immigration Services (USCIS) office is no longer accepting DACA requests from immigrants who have not been granted DACA status in the past.
You may qualify for DACA if you are:
Undocumented parents of U.S. citizens
Undocumented parents of Lawful Permanent Residents who have been continually present since 1/1/2010
Specified undocumented immigrants who arrived as children before January 2010
In order to be eligible, applicants must:
Not have a significant criminal history
Substantiate that they came into the U.S. prior to January 1, 2010 and have been continually present since then
Have followed instructions under a removal order or didn’t return after a removal order after January 1, 2014
Will Those Who Don’t Qualify Be Removed From the Country?
If you apply for DACA and your application is denied, you are unable to appeal the decision or submit a motion for reconsideration.
However, as long as your case does not involve a criminal offense, fraud, or some kind of danger to national security or public safety, your case will not be referred to Immigration and Customs Enforcement (ICE). In other words, law enforcement will not come after you to remove you from the country even if your case is denied, as long as you are not seen as a threat to the U.S.
It is important to keep in mind that new DACA cases are not currently being reviewed. This may change over time, but for now, if you’ve never had DACA status in the past, you will not be able to obtain it.
If you have immigration goals of your own, the attorneys at Maney | Gordon | Zeller are here to help. Don’t hesitate to contact us with your case right away.
Call Maney | Gordon | Zeller today at (800) 708-4399 to speak with an attorney about your case.
