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Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals

What does “deferred action” mean?

Deferred action is a discretionary decision by the U.S. government to not pursue enforcement against a person for a specific period. While DACA does confer present lawful status, it does not cure any prior period of unlawful presence nor does it confer permanent resident status. A grant of deferred action can be renewed or terminated at any time.

Will I receive a work visa?

Those with deferred action status and an economic necessity to work can apply for employment authorization for the time period of the deferred action. In the state of California, a work visa can lead to a Social Security Number and a Driver’s License, among other benefits.

What are the eligibility criteria for Deferred Action for Childhood Arrivals [DACA]?

Through “verifiable documentation” an individual must show that they:

  • Arrived in the United States when they were under the age of 16;
  • Have continuously resided in the United States for at least five years prior to June 15, 2012, and were present in the United States on June 15, 2012;
  • Are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coast Guard or the U.S. Armed Forces;
  • Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanors, or otherwise pose a threat to national security or public safety; and
  • Are not above the age of 30 as of June 15, 2012, and are at least 15 years old now.

All individuals must submit biographic information and undergo a biometric background check prior to receiving deferred action.

Our attorneys can help qualified individuals with the application process. Call our office for a consultation today!

What are the benefits of applying for Deferred Action for Childhood Arrivals [DACA]?

Employment, Social Security Number, Driver’s license, valid auto insurance and the comfort of being in lawful immigration status for the period of DACA. Deferred Action for Childhood Arrivals opens the door for you to receive Employment Authorization through the federal government.

Can I apply even if I have been subject to final orders of removal?

Yes, even if you are subject to final orders of removal you may submit an application once the application period begins.

What happens to individuals whose applications for DACA are denied?

The possibility of denial is one big reason why we recommend consulting with an attorney before applying. Deferred Action for Childhood Arrivals is not guaranteed! Applicants will be documenting their removability to a government agency that can initiate removal proceedings so you should only apply if you can clearly show that you meet the eligibility criteria. A denial based on an individual’s criminal record or fraud in their application may make that individual a high priority for removal.

Please consult with our attorneys to explain how the recent changes in administration and recent federal appointments may affect you.

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