Deferred action means that the immigration authorities of the U.S. government have agreed to defer action on your immigration case. In practical terms, recipients of deferred action will have the ability to work legally in the United States (work permit) and receive relief from any deportation orders or processes. The main impediments to the deferred actions programs are criminal and serious traffic convictions (including DUI and DWI convictions) and immigration violations.
You should consult with an experienced immigration attorney if you have:
- Been arrested and/or convicted of any crime
- Been arrested and/or convicted of any serious traffic offenses, including driving under the influence (DUI) or driving while impaired (DWI)
- Committed any immigration violations or have an order of deportation or removal or are currently in removal proceedings
- Been a member of any gang
If you decide that you need someone to help you with you your deferred action application process, please consider contacting the Law Office of Timothy W. Davis. If you hire the Law Office of Timothy W. Davis, you can be sure that your deferred action application will processed correctly to give you the maximum opportunity for approval.
DACA – Deferred Action for Childhood Arrivals
DACA was implemented in 2012 and it is available to non-citizens right now. DACA allows for certain non-citizens to obtain deferred action, which means that the applicant will have the ability to work legally in the United States as well as relief from any possible deportation.
To be eligible for DACA, the non-citizen must meet the following criteria:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Recently, President Obama announced that he would loosen the requirements for DACA. Under the new program, DACA would be available if you:
- Have continuously resided in the United States since January 1, 2010, up to the present time;
The previous “Were under the age of 31 as of June 15, 2012” DACA requirement will be removed, so there will no longer age limitations on applications for DACA.
Please be advised that the new form of DACA is not currently available. It has been reported that the new DACA rules will be implemented on February 19, 2015.
DAPA – Deferred Action for Parental Accountability
Recently, President Obama announced a new deferred action program for parents of United States citizen children and residents. It has been reported that the new DAPA regulations will take effect on May 19, 2015. The following are the eligibility requirements:
- Be the parent of a U.S. citizen or lawful permanent resident.
- Have continuously lived in the U.S. since January 1, 2010 to the present
- Have been present in the United States on November 20, 2014
- Not have a lawful immigration status. To meet this requirement, (1) you must have entered the U.S. without papers, or, if you entered lawfully, your lawful immigration status must have expired; and (2) you must not have a lawful immigration status at the time you apply for DAPA.
- Have not been convicted of certain criminal offenses, including any felonies and some misdemeanors.
The most difficult hurdle for DACA and DAPA approval will be criminal and serious traffic convictions. The firm prides itself on its expertise with the immigration consequences of criminal and traffic convictions. The firm is committed to find the best solution to get your DACA or DAPA application approved.
Please be advised the DAPA is not currently available. It has been reported that the DAPA will be implemented on May 19, 2015.