DACA

“Deferred Action for Childhood Arrivals” (“DACA”) is a United States immigration policy which allows specified individuals with unlawful presence in, and who were brought to, the United States as children, to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit in the United States. To be eligible for the program, recipients cannot have felonies or serious misdemeanors on their records. DACA was not passed as legislation, but it includes portions of the famously known DREAM Act. Unlike the proposed DREAM Act, DACA does not provide a path to citizenship for recipients. The policy, an executive branch memorandum, was issued by President Barack Obama on June 15, 2012. U.S. Citizenship and Immigration Services (“USCIS”) began accepting applications for the program on August 15, 2012. The benefits offered by DACA are the following:

Deferred action on deportation and removal proceedings for two years
Permission to work in the U.S. for specified undocumented workers
Other privileges may apply, such as qualifying for a driver's license
Granting of a Social Security card

In order to understand your options fully, it is critical you work with a lawyer experienced in DACA and immigration matters. In the event you apply on your own and your application is denied, you have no right to appeal your case. Given you only have only one opportunity to obtain these benefits, it is of paramount importance you work with an experienced lawyer from the outset of your application process.

Call us today at (512) 905-8524 to assist you with your new or renewal application, and shepherd you through this complicated process which can give you a lawful pathway to remain in the United States.

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Are You Eligible for Deferred Action for Childhood Arrivals (DACA)?

Under the secretary of Homeland Security’s June 15, 2012 memorandum, in order to be considered for DACA, you must submit evidence, including supporting documents, showing that you:

Criteria for Deferred Action eligibility:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Had no lawful status on June 15, 2012*;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

The application consists of three different and complex forms (I-821D, I-765, I-765WS), and applicants must pass a background check.

Renewals:

You should submit your DACA renewal request between 150 days and 120 days before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document (EAD). Filing during this window will minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request. Several critical issues which can affect a favorable decision on your renewal request, such as issues of national security, criminality or public safety discovered during the background check process that require further vetting, issues of foreign travel which need additional evidence/clarification, and name/date of birth discrepancies which may require additional evidence/clarification, among others.

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