Last night in his acceptance for the nomination speech at the Democratic National Convention, President Barack Obama said, “You’re the reason a young immigrant who grew up here and went to school here and pledged allegiance to our flag will no longer be deported from the only country she’s ever called home,”
Yet the Deferred Adjudication for Childhood Arrivals (DACA) has seen less applicants than predicted. There are two reasons for this:
Deferred Action is simply a means for the Government to say, we wont deport you. But the process is entirely discretionary. ie Each Immigration Judge, or the CIS makes that decision.
The regulations say that a person will be barred for a “Significant misdemeanor” . There is no definition of that term. It probably means that if anyone has just one misdemeanor for say driving without license, it will be Ok. But what if someone has 2 misdemeanors? I have been advising clients who have this, to hold off, and see outcomes in other cases.
The other thing is the outcome of the elections. DACA is just an executive decision. If Romney gets elected, he can easily stop the program, and even start deporting the dreamers. Thus it is prudent to hold off on filing these applications.