Deferred Action for Dreamers: A 2014 Review

There is new guidance out there for Dreamers.

The group of immigrant children and young people who were granted Deferred Action for Childhood Arrivals (DACA) based on grants by ICE (Immigration and Customs Enforcement) are able to renew!

All Deferred Action issued BY ICE may be renewed 120 days before the expiration of the first two-year period of DACA.

This news comes directly from the United States Citizenship and Immigration Services (USCIS) website.

Note well: this news does not affect most of the people given Deferred Action for Childhood Arrivals by applying to United States Citizenship and Immigration Services.

Immigrants who were issued the benefits under Deferred Action for Childhood Arrivals by ICE must apply for DACA again.

This system will treat these cases as similar to new applications.

  1. In other words DACA through ICE will be as if the initial application. Applicants must offer evidence that all applicable rules are met:
  2. Must be younger than 31 as of 6/15/12
  3. Must have entered US before the age of 16
  4. Must have been in US for 5 continuous years
  5. NO serious criminal history – see more below at (7)
  6. Must be US high school graduate, earned General Equivalency Diploma (GED), served in US military, or be enrolled in school or enrolled in a GED program
  7. Must pass government background check

WARNING: Immigrants who do not get granted renewals before their first Deferred Action for Childhood Arrivals can lose DACA status.

Among other things, this loss would include no more Work Permits.

Advice: Act quickly and talk to the best immigration attorney who you can find.

This program of Deferred Action for Childhood Arrivals through Immigration and Customs Enforcement is a protection from deportation, so be very careful and do not do it on your own or with the “help” of a non-expert.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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