On June 5, 2014, Department of Homeland Security (“DHS”) Secretary, Jeh Johnson announced the new process for participants in the Deferred Action for Childhood Arrivals (“DACA”) program. Of the initial DACA approvals issued to applicants will start expiring September 2014 so the news of the renewal process is good news for many who need to get moving with their renewal applications.
DACA[i] is a program created by President Obama’s administration in 2012 ordering Customs and Border Protection (“CPB”) and Immigration and Customs Enforcement (“ICE”) to use “prosecutorial discretion[ii]” and not detain for removal the approved DACA participants, namely immigrant children who came to the U.S. and still do not have legal status but seek to go to school or work in the U.S.
DHS Secretary Johnson commented on the policy basis for granting and renewing DACA.
The initial grant of a DACA request is for two years and people who meet the initial DACA eligibility guidelines may also apply for a first-time DACA approval as stated in Secretary Johnson’s news release. Additionally, he states, “Despite the acrimony and partisanship that now exists in Washington, almost all of us agree that a child who crossed our boarder illegally with a parent, or in search of a parent or a better life, was not making an adult choice to break our laws, and should be treated differently than adult law-breakers.[iii]”
The DACA approved participants Secretary Johnson referenced may request a renewal at least 120 days (4 months) before the expiration of the initially approved DACA period of time, as indicated on DACA approval documents.
The USCIS press release on DACA renewals states additional guidelines[iv] that participants must meet in addition to the initial criteria for DACA eligibility:
- Did not depart the United States on or after August 15, 2012, without advance parole;
- Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
- Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
If you or someone you know is eligible to apply for DACA for their first time or they are eligible to renew their status, attorney KiKi M. Mosley can help them review their eligibility and submit the proper form for Consideration of Deferred Action for Childhood Arrivals and an Application for Employment Authorization to work in the U.S. It is important to take care to submit timely and properly completed application materials with the proper forms and fees to USCIS through a licensed immigration attorney to prevent rejection of an application for DACA or renewal.
Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.
[i] KiKi M. Mosley Immigration Blog: Deferred Action for Childhood Arrivals and the American Dream: US fund to help DACA Recipients. Feb. 14, 2014.
[ii] KiKi M. Mosley Immigration Blog: Prosecutorial Discretion in Immigration Enforcement. Jan. 24, 2014.
[iii] See USCIS Press Release FN IV below.
[iv] USCIS Press Release: Secretary Johnson Announces Process for DACA Renewal. Release date: Jun. 5, 2014.