USCIS Will Start Accepting Expanded DACA Requests This Month

Author: Rena Pirsos, XpertHR Legal Editor

February 3, 2015

US Citizenship and Immigration Services (USCIS) has announced that it will expand Deferred Action for Childhood Arrivals (DACA) this February 18. That will be the first day individuals may request DACA consideration under revised guidelines established as part of President Obama's immigration initiatives. The USCIS will update the instructions on its DACA request page but will not accept requests made prior to that date.

The revised guidelines increase the number of people eligible for the DACA program by extending eligibility to individuals who:

  • Entered the US before the age of 16, regardless of their current age; and
  • Have lived in the US continuously since January 1, 2010.

Previously, only individuals who were aged under 31 on June 15, 2012, and who lived in the US continuously since June 15, 2007, were DACA eligible. This change extends the period of DACA and work authorization from two years to three years.

The basic purpose of DACA, which went into effect in June 2012, is to allow young individuals who entered the US as children and who meet certain criteria to be considered for relief from removal from the US or from entering into removal proceedings. Individuals receiving deferred action are entitled to apply for and obtain an employment authorization from USCIS.

In addition to the expanded eligibility requirements, an individual must demonstrate through verifiable documentation that he or she:

  • Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the US Coast Guard or US Armed Forces; and
  • Has not been convicted of a felony offense, a significant misdemeanor or offense, multiple misdemeanor offenses, or does not otherwise pose a threat to national security or public safety.

The DACA renewal process also requires an individual to file certain forms and be the subject of a background check.

The renewal process was announced last summer just as the program reached its second anniversary.