Attorney Immigration Law Blog

By: tompmiller | September 06, 2017

Yesterday, September 5, 2017, the Trump Administration announced the elimination of Deferred Action for Childhood Arrivals (DACA). This blog (1) recalls what DACA really is, (2) explains what elimination of DACA means and (3) looks at what those affected may do.

DACA was an initiative announced by the Obama Administration on June 15, 2012, and thus constituted an Executive Order. As such, it is not a statute or law that can provide immigration rights, as immigration rights can only be conferred by Congress. DACA merely said: if you (a) fit certain criteria (i.e., are under a certain age, entered the U.S. as a minor, within a certain window of time), (b) raise your hand and tell us everything about you (your name, address, etc.), and (c) prov...

By: tompmiller | April 13, 2016

On June 15, 2012, President Obama announced a new immigration benefit case "Deferred Action." You can benefit from Deferred Action if you meet all of the criteria below:

1. You entered the U.S. before your 16th birthday and are no more than 30 years old at the time of application; and
2. You have been present in the U.S. on June 15, 2012 and for at least 5 years prior; and
3. You have not committed a felony, a significant misdeamor or multiple minor misdemeanors; and
4. You are currently attending school, graduated school, or have a GED, or you are an honorably discharged veteran.

Criminal Record. A felony is an offense punishable by one or more year in prison. A significant misdemeanor can be a number of things, such as domestic viole...