This week in my Immigration Consultation column, I explain why eligible undocumented youth should enroll in the deferred action program.
This is the column:
More than 400,000 undocumented youth have obtained the benefit of deferred action and temporary protection from deportation since the U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the program on August 15, 2012.
It is encouraging to know that almost half a million young people are now able to work legally in the country and obtain driver's licenses, albeit temporarily. But it is worrisome that the number of applicants is not higher.
It is estimated that more than 1 million people could be eligible for Deferred Action for Childhood Arrivals (DACA) temporary relief, but according to USCIS, they have only received approximately 557,412 applications. That means that nearly half a million eligible young people have not yet filed applications.
When the program was initially announced and the deadline to submit applications opened, I advised them not to rush because they should first seek legal advice. This is still important, because they should make sure that they are eligible for DACA and that there is nothing in their past that could hurt the process or their stay in the country. But it has been almost a year now. Although they should proceed with caution, they should not wait too long to start the process.
If they are eligible, it is better to have temporary protection from deportation than nothing at all. In addition, if they are approved and demonstrate financial need, they will be able to get a work permit. This will allow them to apply for social security and a driver's license.
Remember, DACA eligibility requirements are as follows:
1. Have been less than 31 years of age as of June 15, 2012.
2. Have arrived in the United States before the age of 16.
3. Have resided continuously in the United States from June 15, 2007, to the present.
4. Have been present in the United States on June 15, 2012 and at the time you filed your DACA application with USCIS.
5. Have entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012.
6. You are attending school, have graduated from high school, hold a General Education Certificate (GED), or have served honorably in the Coast Guard or U.S. Armed Forces.
7. Has not been found guilty of a felony, significant misdemeanor, multiple misdemeanors, or poses a threat to national security or public safety.
Not all young people who entered the U.S. as minors will be eligible. Cases that seem easy may have complications. It's not just filling out a form. An attorney can evaluate case histories and determine legal options, including eligibility for DACA and permanent residency.
Do not go to notaries, immigration consultants, paper fillers or multi-services. They are prohibited by law from giving legal advice. Consult with an immigration attorney or federally accredited legal representative before beginning the process. Make sure they have a current license and immigration legal experience before hiring them.