The Citizenship and Immigration Services (USCIS) by the US Department of Homeland Security (DHS) published a rule to codify the 2012 DACA (Deferred Action for Childhood Arrivals) policy on September 28, 2021.
This article, thus, provides you with all you must about the Proposed DACA regulation, provided by the immigration and nationality lawyers at the NPZ Law Group.
With that said, the following requirements of the DACA regulation have been proposed. The applicant should have:
- come to the US below the age of 16
- resided in the US continuously from June 15, 2007, till the time he/she filed the DACA request
- been physically present in the US on the time he/she filed the request and on June 15, 2012
- graduated from high school, obtained a GED certificate, or is currently enrolled in school, or be honorably discharged by the United States Armed Forces or Coast Guard
- unlawful immigration status when filing the DACA request and on June 15, 2012
- have not been convicted of three or more other misdemeanors, a misdemeanor provided in the rule, a felony, or should not pose a threat to public safety or national security
- been a minimum of 15 years of age when filing the DACA request and born on or after June 16, 1981 (some exceptions applicable)
What Is the Difference Between the Proposed DACA Regulation and the DACA 2012 Policy?
The proposed regulation differs in terms of procedure as it allows a person to make a DACA request without needing to apply for work authorization. Therefore, there is a reduction in the filing fee too. It also creates a new regulation for work authorization for DACA recipients. Moreover, it terminates work authorization automatically if the DACA for a person is terminated (i.e., if he/she applied and acquired work authorization).
When Will the Proposed DACA Regulation Take Effect?
The DHS will take all comments during a 60-day pertaining to the new regulation into account and draft a final regulation. The Office of Management and Budget will need to approve the final regulation. The final regulation will then be published in the Federal Register and take effect 30 or 60 days after that.
Why Is DHS Proposing a Rule for DACA?
President Biden has committed to “preserving and fortifying” DACA, and this new regulation is in accordance with that sentiment as indicated by the DHS. It also aims to preserve DACA recipient’s interests.
If you have questions or want to access additional information about US or Canadian Immigration and Nationality Laws, please feel free to get in touch with the immigration and nationality lawyers at the NPZ Law Group. If you have more questions about how these laws in the US may impact you or your family, contact the lawyers specialized in US Immigration and Nationality laws at our law firm. You can also send us an email at firstname.lastname@example.org, or you can call us at 201-670-0006 (x104). In addition to that, we invite you to find more information on our website at www.visaserve.com