This deferred action began June of 2012. It protects qualifying individuals from being deported for their unlawful presence in the United States, and this deferred action is renewable. If one's DACA application is accepted, then that person will also get a work permit. It is important to note that this will not give you a green card, or even provide a path to citizenship. But it can let you stay and work in the United States until you renew this action, or until new legislation passes, such as if the DREAM Act ever becomes a reality.

There are a number of qualifications to meet for this deferred action. This application is for those who are unlawfully present in the United States, that is, for those who came into the country before June 15, 2012 without inspection, or that had their lawful presence (such as a visa) expire by June 15, 2012.

To avoid deportation for your unlawful presence, you have to have been thirty years old or younger as of June 15, 2012. You must have been 15 years old or younger when you came over to reside in the United States. You have to have stayed in the U.S. since June 15, 2007, and only brief visits outside of the country will be overlooked. You have to be inside the country when you apply for deferred action. You also must be attending school right now (except for an emergency), have finished an accredited high school, earned a GED certificate, or have received an honorable discharge from the Coast Guard or Armed Forces.

You also cannot have been convicted of a felony, a serious misdemeanor, or three misdemeanors in total. Fortunately, many traffic violations will not count as a misdemeanor for this application. The USCIS (U.S. Citizenship and Immigration Services) has stated that a significant misdemeanor means any conviction of an offense that included burglary, domestic violence, sexual abuse, driving under the influence, certain drug offenses, illegal possession or use of a firearm, and more. Beyond this, a misdemeanor can be considered significant if it resulted in a prison sentence of more than 90 days. What a significant misdemeanor would not include is any time in an immigration detainer, any time in jail before a trial, or suspended sentences. You must otherwise pose no danger; for example, you cannot be in a gang. You will also have to prove all of the above to apply for deferred action. If you fail to meet just one of these qualifications, then you are not be eligible.

There are also a number of reasons why some people should not apply. If you used fraud to get into the country, then you do not want to alert the USCIS of this. If you apply for DACA, this could bring the fraud to light and get you in serious trouble. The same goes if you have other immigration offenses to your name, such as if you entered the country multiple times, or if you have previous deportations. If you have a criminal record that would disqualify you from being eligible for DACA, then you might not want to even apply.

This is a very complex area of law, and since DACA is a new policy, this makes things difficult even for immigration courts to understand. It is also important to remember that this deferred action is temporary. New laws can overturn DACA, and it will only buy you two years at a time to begin with. For all these reasons and more, it is in your best interests to consult with an experienced immigration attorney, who is well-versed in the newest legislation. Call today to find out if you are eligible and should apply for deferred action.