In June 2012, the Obama Administration signed a memorandum that directed the U.S. Department of Homeland Security to exercise prosecutorial discretion in considering the grant of deferred action to certain individuals who came to the United States as children and meet other guidelines. Individuals eligible for relief under this initiative, known as Deferred Action for Childhood Arrivals (DACA), are granted deferred action for a period of two years, subject to renewal and may be eligible for employment authorization. It is very important to understand that the approval of the application for deferred action does not provide an individual with lawful immigration status.
In addition to employment authorization, the DACA recipient is eligible for a social security number and a state driver’s license. A DACA recipient may also apply for permission to travel out of the U.S., with the issuance of an Advance Parole Travel Document, but we strongly caution first consulting with an experienced immigration lawyer before filing for Advance Parole.
To be eligible for relief under DACA, you will need to demonstrate you meet all of the following criteria:
The attorneys at Landau, Hess, Simon & Choi have assessed the eligibility of and assisted numerous DACA applicants. We welcome the opportunity to meet with prospective DACA applicants to ensure eligibility and to advise the applicant on any unintentional risks of applying, especially if the applicant has a criminal record.