In 2012, President Obama introduced an immigration policy that allowed deferred action for certain undocumented immigrants who entered the United States as children. Deferred Action for Childhood Arrivals, or DACA, was enacted in August 2012.

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Although this program offers hope to immigrants who want to live and work in the United States, many do not understand its eligibility requirements. If you have questions about DACA or other deportation laws, contact the O’Brien Law Group.

Rusty O’Brien is a Louisville deferred action attorney who is fluent in Spanish. He has been helping families and individuals resolve their immigration concerns for more than a decade.

Call 502-400-7890 to schedule a consultation. You can also visit http://immigration.usattorneys.com/kentucky/ to learn more about immigration laws.

Here is a brief overview “deferred action” as the term relates to DACA:

What Is Deferred Action?

According to the Department of Homeland Security, deferred action is a limited and discretionary immigration benefit offered to certain individuals. The DHS can grant deferred action to people who are involved in removal proceedings, who are facing final orders of removal, or who have never faced removal proceedings.

Immigrants who receive deferred action status are eligible to apply for employment authorization. They are also in the United States under color of law, but there is no direct path to citizenship or permanent residence. The DHS may also revoke this status at any time.

Who Is Eligible for Deferred Action?

According to ImmigrationEquality.org, there are several criteria that individuals must meet in order to apply for deferred action. They must:

  • Have been younger than 31 as of June 15, 2012;
  • Have entered the United States when they were younger than 16;
  • Have lived continuously in the United States from June 15, 2007 until present, with the possible exception of brief absences for humanitarian reasons;
  • Have entered the country without inspection or fell out of lawful status before June 15, 2012;
  • Have been physically present in the country on June 15, 2012;
  • And currently be in school, be a high school graduate, have obtained a GED, or been honorably discharged from the armed forces or coast guard.

The applicant must have no felony or significant misdemeanor convictions, and no more than three misdemeanors of any kind. For the purposes of the application, the DHS considers burglary, domestic violence, sexual abuse, unlawful possession of firearms, driving under the influence, and drug distribution to be significant misdemeanors.

Applicants must provide documents to prove all of the criteria above. They must also pass biometric and biographic background checks.

If you have questions about immigration, or if you think you may be eligible for deferred action under DACA, contact the O’Brien Law Group. As a Louisville deportation lawyer, Rusty O’Brien regularly represents clients before the Immigration Service, Immigration Courts, Board of Immigration Appeals, and numerous U.S. consulates and embassies abroad. He can help you avoid mistakes during the DACA application process. Schedule a consultation today by calling 502-400-7890.

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