In 2012, the Obama Administration introduced the Deferred Action for Childhood Arrivals (DACA) immigration policy. DACA allows undocumented immigrants who entered the United States before June 2007 and before their 16th birthdays to obtain renewable two-year work permits and exemption from being deported.

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If you are facing a deportation crisis in Kentucky, or if you have questions about DACA or another U.S. immigration program, contact the O’Brien Law Group. Rusty O’Brien is a Louisville deferred action lawyer who will represent your interests.

Mr. O’Brien is fluent in Spanish and has been assisting families and individuals in the region for more than 10 years. Call 502-400-7890 to schedule a consultation.

Until then, here are the answers to four FAQs about deferred action:

  1. What is deferred action?

According to the U.S. Citizenship and Immigration Services, deferred action allows the Department of Homeland Security the discretion to defer the removal action of an individual. A person who receives deferred action status has DHS authorization to remain in the country, and is lawfully present in the country during the period that the action is in effect. However, according to UCIS, deferred action does not excuse any previous cases of unlawful presence, and it does not confer lawful status upon the individual.

  1. When should you renew your DACA?

The USCIS recommends that you apply to renew your DACA between five months and four months before it expires. You can find out when your DACA expires by checking your permit, or employment authorization card.

  1. What is the difference between DACA and deferred action?

DACA is one type of deferred action. There is no difference between the relief that an individual receives under DACA and the relief an individual receives as an act of prosecutorial discretion.

  1. Who can request consideration of DACA?

There are several requirements that an individual must meet in order to receive DACA consideration. The person must:

  1. Have been younger than 31 as of June 15, 2012;
  2. Entered the United States before turning 16;
  3. Have resided in the United States continuously since June 15, 2007;
  4. Have been physically present in the country on June 15, 2012, and at the time of making the request for consideration;
  5. Had no lawful status on June 15, 2012;
  6. Currently be in school, have graduated or obtained a certificate of completion from a high school, obtained a GED certificate, or be a veteran of the Armed Forces or Coast Guard of the United States;
  7. Not have any felony convictions, a significant misdemeanor, or three or more other misdemeanors.

If you have questions about deferred action or DACA, contact the O’Brien Law Group. Louisville deferred action attorney Rusty O’Brien regularly represents clients before the Immigration Service, Immigration Courts, Board of Immigration Appeals, and numerous U.S. consulates and embassies abroad. To schedule a consultation, call us today at 502-400-7890.

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