Deferred Action for Childhood Arrivals (DACA)
Deferred Action has been subject to several changes since its initial implementation in 2012, and it has been continuously under attack by the Trump Administration. The incoming Biden Administration has promised to protect DACA and create a path to citizenship for Dreamers, while the federal courts have recently restored DACA so that it is currently available to both first-time applicants, and applicants seeking to renew their DACA grants. For the first time in several years, Advanced Parole is also available to DACA recipients.
Those who qualify will receive “Deferred Action,” which means that individuals who hold this status will have a two-year reprieve from deportation, and if approved, they will receive a two-year work permit that will be subject to renewal.
Those who are granted deferred action under DACA receive temporary reprieve from potential deportation, in addition to a two-year renewable work permit. DACA does not create a path to permanent status at this time.
Who qualifies for DACA?
You must be at least 15 years of age.
You must have been under the age of 31 on June 15th, 2012.
You must have arrived in the United States before your 16th birthday.
You must show that you continuously resided in the United States since June 15, 2007.
You must show that you were physically present in the United States on June 15th, 2012.
On the date of the application,
You must show you are in school, have graduated, or obtained a certificate of completion from high school, or have obtained a general education development (GED) certificate, or received an honorable discharge from the U.S. military.
Those who did not complete high school but enroll in a GED program may also obtain deferred action status.
You must show that you do not pose a threat to national security by showing you have no felony convictions, significant misdemeanors, or three or more misdemeanors.
Depending on the case, some criminal activities pose automatic criminal bars to Deferred Action. Other offenses, do not lead to automatic disqualification. However, any criminal history can result in discretionary denial. You must discuss the particulars of your case with your attorney.
Documentation used to establish that an individual has fulfilled the continuous residence requirement must be complete and accurate.
When You Should Hire An Attorney For Your Deferred Action Case?
If you think you may meet the criteria, we recommend that you consult with a lawyer to review your individual case.
Those who are eligible can apply for relief now.
Given the number of requirements and documents that must be submitted for consideration before being granted this benefit, it is recommended that you hire the help of a qualified immigration attorney.
Immigration law is federal law and we can help clients nationwide.
We offer in-person, online, and telephone appointments for your convenience.
Three Sisters Law provides expertise and experience that can give you and your family members peace of mind in undertaking an application for relief under DACA.
Three Sisters Law will guide you and represent you through the DACA process from beginning to end.