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Who is Affected by the DACA/DREAM Act?

In the summer of 2012, President Obama implemented the Deferred Action for Childhood Arrivals (DACA). DACA creates a deferment for undocumented young people who immigrated to the United States as children and have enrolled in learning institutions or signed up for military service. Under Immigration Law in San Diego, individuals are eligible for DACA relief if they can provide documentary evidence of the following criteria:

  • Are under 31 years of age as of June 15, 2012 and arrived in the US while under the age of 16
  • Have continuously resided in the US from June 15,2007 to the present
  • Entered the US without inspection before June 15, 2012. Alternatively, those whose lawful immigration status expired on June 15, 2012 can also be considered
  • Were physically present in the US on June 15, 2012 and at the time of making the request/application for deferred action with USCIS
  • Are currently enrolled in school, have graduated from high school or obtained a GED, or have been honorably discharged from the armed forces or Coast Guard
  • Have not been convicted of a felony, a significant misdemeanor, or more than three misdemeanors
  • Do not pose a threat to public safety or national security

If an individual meets the above requirements, they will be allowed to apply, along with a $465 fee, for a two-year work permit that may be extended and a driver’s license. Each case is subject to renewal, if not terminated, and is based on an individualized, case-by-case basis. It is important to bear in mind that DACA Relief follows different guidelines than permanent residency through employment with permanent employment immigration.

The DACA is temporary and does not provide a path to lawful permanent resident status or US citizenship. However, the Development, Relief and Education for Alien Minors (DREAM) Act, if passed, would permit certain immigrant students who grew up in the US to eventually obtain permanent legal status. Qualifying applications would have six years of a conditional permanent resident status to complete at least two years of college or serve in the military. After meeting these requirements, applicants would be granted full permanent residence with a green card. Read more about immigration laws and visa eligibilities on our website at www.ksvisalaw.com.

There are currently 11 states in America, which have adopted some version of the DREAM Act. If you have questions about eligibility or would like additional information about DACA relief and the DREAM Act in San Diego, California, contact the Law office of San Diego Immigration Lawyers, KAZMI & SAKATA at 858.874.0711 for a free consultation.

June 2017
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