Beginning August 15, 2012 certain undocumented youth will be able to apply for deferred action by submitting three forms released by USCIS: I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA), I-765, Application for Employment Authorization, and the I-765 Worksheet; and by paying a $465 application fee.
The DACA process appears to be fairly straightforward for most; however issues surrounding the process are not. Each person will, in essence, be revealing him or herself to the government. While DHS has offered some level of assurance regarding confidentiality, those assurances are necessarily weak.
Because of the complexity of immigration law as a whole, even the simplest process can be fraught with pitfalls. Under current law people granted deferred action are eligible to apply for work authorization.
There are key issues that must be remembered:
Deferred action is not amnesty.
Deferred action is not permanent.
Deferred action is not a pathway to a green card or citizenship.
Deferred action is not legal status.
Youth that qualify cannot vote or petition for family members.
If you have any questions regarding DACA or your qualifications, please feel free to email one of our attorneys at: