Deferred Action for Childhood Arrivals (DACA)
Deferred Action Announced for Dreamers
In June 2012, the Department of Homeland Security (DHS)
announced that it
will exercise prosecutorial discretion and not deport certain undocumented
youth, under the program entitled “Deferred Action for Childhood Arrivals” or
DACA. Deferred action is a discretionary determination to defer a removal action
(deportation) of a foreign national as an act of prosecutorial discretion. An
individual who receives deferred action is authorized by DHS to be present in
the United States, and is therefore considered by DHS to be lawfully present
during the period deferred action is in effect. However, deferred action does
not confer lawful status upon an individual, nor does it excuse any previous or
subsequent periods of unlawful presence.
An individual whose case has been deferred under DACA is eligible to receive
employment authorization for the period of deferred action, provided he or she
can demonstrate “an economic necessity for employment.” An individual whose case
has been deferred under DACA is also eligible to receive “advance parole” to
travel outside the United States, provided the purpose of their international
travel will be in furtherance of: 1) humanitarian purposes, including travel to
obtain medical treatment, attending funeral services for a family member, or
visiting an ailing relative; 2) educational purposes, such as semester-abroad
programs and academic research; or 3) employment purposes such as overseas
assignments, interviews, conferences or, training, or meetings with clients
overseas. Travel for vacation is not a valid basis for advance parole under
Please note that DHS can terminate or renew DACA at any time, at the agency’s discretion.
Only those who meet the following eligibility criteria may benefit from DACA:
The President’s Executive Action issued on November 20, 2014, CONTINUES TO BE BLOCKED PROHIBITING THE IMPLEMENTATION OF DAPA AND EXPANDED DACA BASED ON THE SUPREME COURT’S DECISION ON JUNE 23, 2016On November 20, 2014, through Executive Action, President Barack Obama announced that DHS would not deport certain parents of U. S. citizens or lawful permanent residents (DAPA). In addition, he expanded the DACA program (DACA+). However, on June 23, 2016, the Supreme Court issued a split decision, and as a result, DHS continues to be blocked from implementing DAPA and expanded DACA (DACA+). Individuals otherwise eligible for DAPA or DACA+ cannot apply at this time. Please note that the “block” does not affect the existing 2012 DACA applicants, and USCIS continues to accept applications (initial and renewal) from those who qualify under the DACA criteria announced in June 2012. As to the future of DAPA and DACA+, the two most likely scenarios involve a request for rehearing by the Supreme Court or allowing the case to go back to the district court for a decision. In both scenarios, a decision is not anticipated until 2018.
If you are in the U.S. without permission, we strongly urge you to seek the advice of an immigration attorney before you consider “turning yourself in” to U. S. Immigration and Customs Enforcement (ICE) or U. S. Customs and Border Protection (CBP).
We advise you against seeking the advice of a “notario” or “immigration consultant” as they are not authorized to practice law. Please see https://www.uscis.gov/avoid-scams.
If you, or someone you know appears to meet these criteria, please contact our office for additional information. We may be able to assist you and would be happy to meet with you.
The Law Firm of Antone, Casagrande & Adwers, P.C. helps individuals and businesses worldwide with all of their US immigration needs including employment visas, obtaining green cards for business and corporate employees and family members, visas for doctors, nurses, therapists, and other health care workers, together with waivers for physicians under J visa training program, labor certifications (PERM), national interest waivers, marriage-based adjustments and green cards, fiancee visas, family immigration preferences, students, naturalization and citizenship, including medical waivers, asylum, deportation, hardship waivers, voluntary departure and removal. We serve clients in southeast Michigan including the Detroit Metro area, Ann Arbor, and Lansing. With offices in Farmington Hills, MI, we are close to Southfield, Troy, West Bloomfield, Birmingham, Novi, Rochester and Auburn Hills in Oakland County; Canton, Plymouth, Dearborn, and Detroit in Wayne County; Warren, Sterling Heights, and Mount Clemens in Macomb County; Brighton and Howell in Livingston County; Lansing in Ingham County; City of Monroe in Monroe County, Ann Arbor in Washtenaw County; Grand Rapids in Kent County; Battle Creek in Calhoun County; Kalamazoo in Kalamazoo County; Benton Harbor in Berrien County; Holland in Ottawa County; Flint in Genesee County; Ludington in Mason County; Muskegon in Muskegon County; and Traverse City in Grand Traverse County, Michigan. Although many of our clients are located in the tri-county area of Wayne, Oakland and Macomb, we also serve clients in many cities and states in the U.S. including Cleveland, Toledo and Cincinnati, Ohio; Chicago, Illinois; Milwaukee and Green Bay, Wisconsin; Indianapolis, Indiana; Buffalo, New York; Los Angeles, San Francisco and San Diego, California; Phoenix and Tucson, Arizona; Dallas, Houston, El Paso and Galveston, Texas; Miami, Florida; Washington D.C.; Virginia, Minnesota, Pittsburgh and Philadelphia, Pennsylvania, and many others. In addition to the United States, we also serve Canadian nationals from numerous provinces in Canada, including Toronto and Windsor in Ontario; Montreal in Quebec; Halifax in Nova Scotia; and Vancouver, British Columbia. We also serve cities and countries such as London, England; Scotland and other countries of the United Kingdom (U.K.); Mexico, Paris, France; Frankfurt and Berlin, Germany; Tokyo, Japan; India; Brazil; Rome, Italy; Shanghai and Beijing, China; Belgium; the Philippines, and many other countries in Europe, Asia and South America.