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Mar 09, 2014 News

Renewal of Deferred Action for DREAMers (Young Immigrants)

By Attorney Gail Seeram, [email protected]

Those individuals granted DACA (Deferred Action for Childhood Arrivals) by U.S. Immigration and Customs Enforcement (ICE) during the period of June 15, 2012 until August 15, 2012 may submit a request to renew their status and renew their employment authorization.
Back in June 15, 2012, U.S. Secretary of Homeland Security Janet Napolitano and President Obama announced that certain young people who were brought to the United States as young children, who do not present a risk to national security or public safety, and meet several key criteria, will be considered for relief from removal from the country or from entering into removal proceedings.  However, this “deferred status” is set to expire on June 15, 2014.
If the previous period of deferred action (or DACA status) 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, applicants are encouraged to submit their request for renewal 120 days before your current period of deferred action under DACA expires (which is June 15, 2014).
Note: guidance has not been issued regarding the renewal of DACA for those applicants granted deferred action status after August 15, 2012.
An applicant whose case was initially deferred under DACA (during the period of June 15, 2012 until August 15, 2012) may be considered for Renewal of DACA if he or she:
1.    Was under the age of 31 as of June 15, 2012;
2.    Came to the United States before reaching his or her 16th birthday and established residence at that time;
3.    Has continuously resided in the United States since June 15, 2007, up to the present time;
4.    Did not depart the United States on or after August 15, 2012 without advance parole.
5.    Was present in the United States on June 15, 2012, and at the time of making his or her request;
6.    Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
7.    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,
8.    Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
Lastly, if your application for renewal of DACA or Deferred Action for Childhood Arrivals is denied, there is no appeal process or motion to reopen/reconsider.  Thereby, it is important for each applicant to sufficiently document his or her eligibility under the above requirements.

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