In a country known for opportunity, many young immigrants were stuck in legal limbo. Deferred action for childhood arrivals, started in June 2012 and brought hope by offering protection from deportation and a chance to work legally for those who came to the U.S. as children. However, The journey has faced many challenges due to changing politics and legal battles.
An Overview
Deferred Action for Childhood Arrivals (DACA) was designed to protect young immigrants in the U.S. without legal status from deportation. Qualified applicants could receive a two-year reprieve from deportation and obtain a work permit. To qualify, individuals needed to meet specific criteria, including arriving in the U.S. as children.
Current recipients can still renew their status and access benefits like Advance Parole for travel. However, the ruling halted all new applications, including those already submitted to U.S. Citizenship and Immigration Services. While the U.S. government introduced new regulations, these did not reopen new applications. Applicants with pending requests did not receive refunds for their application fees.
The Road to Expansion For Deferred Action for Childhood Arrivals
The Biden Administration offered a ray of hope in early 2023 by proposing to extend federal Medicaid and Affordable Care Act programs to cover its recipients. This move aimed to let its holders apply for medical insurance through the Health Insurance Marketplace and their state Medicaid agencies, with eligibility based on their income levels. The program was set to start operating by early May.
It’s important to recognize that this situation is fluid and could change further in the coming months. Stay tuned for updates on this issue.
Understanding Deferred Action for Childhood Arrivals
It is a lifeline for many young immigrants, but it’s important to clarify what this program offers and what it doesn’t:
- Offers temporary protection from deportation. It does not lead to permanent residency or U.S. citizenship.
- Successful applicants receive permission to work legally in the United States, opening up new opportunities for career growth and financial stability.
What it Does Not Offer:
It does not grant amnesty, a green card, or citizenship. It only postpones deportation for eligible individuals.
Family members of DACA recipients cannot obtain deferred action status. Legal challenges from the Trump Administration ended efforts to extend relief to parents and other family members of its recipients. Consequently, these family members must explore alternative immigration options if they lack legal status.
Eligibility Requirements For Deferred Action for Childhood Arrivals
To qualify under the original program, applicants had to meet specific criteria:
- Applicants must have been under 16 years old when they first arrived in the U.S. to reside.
- They must have been physically present in the U.S. on June 15, 2012, and when applying for deferred action.
- Continuous residence in the U.S. since June 15, 2007, with no long absences.
- Applicants must have been born after June 15, 1981, making them under 31 on June 15, 2012.
- Entry into the U.S. without inspection before June 15, 2012, or lawful immigration status that expired by that date.
- Additionally, applicants must meet educational or military service requirements:
- Applicants must have been enrolled in school (with allowances for emergencies), graduated, earned a certificate from an accredited high school, obtained a General Education Development (GED) certificate, or been honorably discharged veterans of the Coast Guard or Armed Forces of the United States.
- They should not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, nor should they pose a threat to U.S. national security or public safety (such as gang membership).
What to do After Denial
Consult an Immigration Attorney:
It is advisable to seek legal counsel immediately after a denial. An attorney can help you understand the reasons behind the denial and explore possible next steps, including whether you can appeal or reapply.
Appeal Process:
Generally, DACA denials cannot be appealed. However, if the denial was due to a USCIS administrative error, you may be able to request a review of your case.
Reapplication:
If you believe you can address the reasons for the denial (for example, by providing missing documentation), you may be able to reapply for DACA. However, this would require paying the application fees again.
Consider Other Immigration Options:
If your DACA application was denied due to ineligibility (such as criminal history), it may be necessary to explore other avenues for legal status or relief from deportation23.
It’s crucial to note that new applications were not accepted as of July 2021 due to legal challenges. However, this situation may change as court appeals progress. When new DACA applications become available, applicants will need to provide evidence for each criterion mentioned above.
Who Is Ineligible For Deferred Action for Childhood Arrivals
Its eligibility is strict, and applicants must meet all the specified criteria. If any criterion remains unmet, it can result in ineligibility. For instance, if an applicant was already 17 years old when they arrived in the U.S. or did not continuously reside in the country as required, they would not qualify.
The criminal grounds for ineligibility are particularly complex, with the term “significant misdemeanor” being a point of contention. USCIS defines significant misdemeanors as offenses related to burglary, domestic violence, sexual abuse, firearm possession, DUI or DWI, drug distribution, and trafficking. Additionally, any misdemeanor for which the applicant was sentenced to more than 90 days in prison, not including suspended sentences or pretrial detention, can lead to disqualification.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Student Visa or a U Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
