Wednesday, February 18, 2015

Thanks to executive action taken by President Obama, certain persons residing illegally in the United States may now apply for the Deferred Action for Childhood Arrivals (DACA).  The purpose of this action is not to grant amnesty to illegal immigrants, but to give persons who came here as children some liberty to work without fear of deportation.  This is not a change to the law.  Instead, this action reflects Presidential discretion in the exercise of his executive powers to enforce the laws in order to dedicate resources to more problematic areas.

Will I be able to travel freely in and out of the United States?  Persons approved for deferral under DACA will be able to obtain a work permit and may travel freely throughout the United States.  However, travel in and out of the United States will continue to be restricted to a great extent.  DACA approved persons may apply for a determination of a justifiable purpose by filing for advance parole using Form I-131, Application for Travel Document.

Will I be able to obtain a driver’s license?  The authority to grant driver’s license resides with the States.  In Florida, DACA approved persons have been applying for a driver’s license using their work permits and have receiving licenses to drive.

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