The Deferred Action for Childhood Arrivals (DACA) program was approved in June 2012 by an executive order from then President Barack Obama and granted to those young people who came to the United States as children (and meet with certain requirements) consideration of deferred action for a period of two years.
Although DACA does not grant legal status, it does allow individuals who meet certain requirements to apply for an employment authorization. Deferred action makes use of so-called “procedural discretion,” a measure that temporarily suspends deportation.
The program, which has protected some 700,000 young immigrants from deportation, was under evaluation for a couple of years, but on Thursday, June 18, the United States Supreme Court ruled that the call Deferred Action 2012 (DACA) remains and returned the cases to the lower courts to continue their proceedings. Here you can read the full ruling of the Supreme Court (PDF in English).
This means that the Donald Trump government cannot immediately proceed with its plan to end the program. The argument for its cancellation of DACA is that its creation was illegal by means of an executive order, which could be canceled at the discretion of the president in turn, Donald Trump.
How to renew DACA
If your Deferred Action and work permit are about to expire, you must request a renewal. Before the current COVID-19 pandemic USCIS offices temporarily closed, but as of June 4, 2020, some USCIS asylum and local offices resumed activities under certain safety regulations to prevent contagion. Check the status of the office that corresponds to you or contact USCIS to request more information.
The Immigrant Informed site encourages DACA recipients to contact legal clinics, which will offer virtual appointments to help with renewals.
In order to apply for a renewal you must meet the original 2012 DACA requirements in addition to:
- Not have left the U.S. without advance re-entry permission since August 15, 2012.
- Have continuously lived in the U.S. since you filed your most recent approved DACA petition.
- Not have been convicted of serious crimes, significant misdemeanors, or more than three misdemeanors.
One of the most important aspects of DACA renewal is when to send your renewal application so that you are not left without protection or a work permit. USCIS recommends filing a renewal application 150 to 120 days before the expiration date of your Deferred Action and work permit.
To renew you must complete and sign the following forms:
In addition, you must include the payment of US $ 495 to cover the fee, which includes US $ 410 for the Employment Authorization request and US $ 85 for the process of fingerprints and photography (biometrics). You must send your renewal application to the appropriate USCIS Secure Location.
Remember that to renew your DACA you should not present additional documents or evidence, unless you have new documents about criminal records or removal processes. USCIS will request additional documentation if required.
As of July 17, 2019, USCIS announced that it would not accept requests from people who have never before been granted. To make a DACA request it was necessary to meet the following requirements:
- Be under 31 years of age as of June 15, 2012
- Having arrived in the U.S. before turning 16
- Have continuously lived in the US from June 15, 2007 until the date you submit your application
- Have been in the US on June 15, 2012 and at the time of submitting your DACA application
- Not have had legal status on June 15, 2012
- Studying, graduating, or earning a high school diploma or General Educational Development (GED) diploma. You also qualify if you are an honorary retired veteran of the US Armed Forces or the Coast Guard.
- Have no criminal record or have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors. Furthermore, they do not pose a threat to national security or public safety.
Although you must be at least 15 years old to file your application, according to the US Citizenship and Immigration Services (USCIS) website, there is one exception to this requirement. For example, if you are in deportation process or have a voluntary departure order and you are not detained, you can apply even if you are under 15 years old.
To submit your petition to USCIS it was necessary:
USCIS recommends that when submitting your application, you classify the documents according to the DACA requirement or criteria that each one meets. She also advises you to make sure you send all the pages of the forms and send your request to the correct address.