President Obama's executive action will give more immigrants the opportunity to qualify for Deferred Action for Childhood Arrivals (DACA) by expanding the parameters of the program. It also extends the period of deferred action and employment authorization to three years. The current DACA protection period is two years.
To this end, it will change some of the requirements for program eligibility.
New DACA filing requirements
1. Arrived in the United States before the age of 16.
2. Have lived continuously in the United States from before January 1, 2010 to the present.
3. Be physically present in the United States on June 15, 2012, and at the time of filing the DACA petition with the U.S. Citizenship and Immigration Services (USCIS).
4. No legal status on June 15, 2012.
5. Be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) Certificate, or be an honorably discharged veteran of the Coast Guard or U.S. Armed Forces.
6. Not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and in no other way constitutes a threat to national security or public safety.
USCIS will implement the new changes within approximately 90 days of the President's announcement on November 20, 2014.
These new requirements will also benefit immigrants who have DACA applications pending with USCIS.
When in doubt, consult with a licensed and experienced immigration attorney or federally accredited representative. Please do not visit notaries, immigration consultants, paper fillers or multi-service providers because these individuals are not authorized to give you legal advice.
For a summary of the President's executive action, click here.
