- DACA Eligibility Assessment: We can evaluate an individual’s eligibility for DACA by thoroughly reviewing their immigration and personal history. This includes verifying that they meet the specific criteria, such as being under the age of 31 as of June 15, 2012, arriving in the U.S. before the age of 16, and continuously residing in the U.S. since June 15, 2007.
- DACA Application Preparation: We can assist clients in preparing and submitting a complete DACA application to the U.S. Citizenship and Immigration Services (USCIS). This includes gathering and organizing all the necessary documents, such as proof of identity, continuous residence, and education, and preparing a compelling personal statement that outlines the individual’s qualifications for DACA.
- DACA Renewals: DACA protection is not permanent and must be renewed every two years. We can help clients with the DACA renewal process, including reviewing their eligibility for renewal, preparing the required documents, and submitting the renewal application on time to maintain their protected status.
- Legal Representation: We can provide legal representation and advocacy for clients throughout the DACA process, including communicating with USCIS on their behalf, addressing any issues or challenges that may arise, and protecting their rights in case of any legal complications.
To be eligible for DACA, individuals must meet several requirements, including:
- Age: The individual must have been under the age of 31 as of June 15, 2012.
- Arrival to the U.S.: The individual must have arrived in the U.S. before the age of 16.
- Continuous Residence: The individual must have continuously resided in the U.S. since June 15, 2007, up to the present time, and must be physically present in the U.S. at the time of applying for DACA.
- Education or Military Service: The individual must be currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be an honorably discharged veteran of the U.S. Coast Guard or Armed Forces.
- Lack of Felony Convictions: The individual must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and must not pose a threat to national security or public safety.
- Discretionary Consideration: The individual must demonstrate that they warrant favorable exercise of prosecutorial discretion, meaning they deserve to be granted DACA as a form of relief.
General Questions
DACA protection is temporary and is granted for a period of two years. After the initial two-year period, individuals must apply for DACA renewal to maintain their protected status.
Yes, DACA recipients are eligible for work authorization, which allows them to legally work in the United States during the period of their DACA protection.
DACA recipients can apply for advance parole, which is a travel document that allows them to travel outside the U.S. for certain reasons, such as education, employment, or humanitarian purposes. However, advance parole is granted on a case-by-case basis and requires careful consideration and planning, as there are risks associated with international travel for DACA recipients.
DACA itself does not provide a direct pathway to permanent residency or citizenship. However, DACA recipients may have other immigration options available to them, and it’s important to consult with an experienced immigration lawyer to explore all the potential avenues for obtaining lawful permanent residency or U.S. citizenship.
If DACA is terminated or expires, individuals will no longer be protected from deportation and may lose their work authorization. It’s important to stay updated on the latest developments and consult with an immigration lawyer to explore alternative options and plan for the future.
DACA recipients are not automatically protected from deportation, and DACA can be terminated by the government at any time. It’s important for DACA recipients to maintain their eligibility and comply with all program requirements to minimize the risk of deportation.