Many of our clients in New York City who are in removal proceedings do not qualify for the principal forms of relief, such as cancellation of removal or asylum. However, since being implemented, Deferred Action (or DACA) has increasingly been used as an alternative tool for immigration lawyers practicing in NYC to terminate their clients’ deportation proceedings. While I will not go into the specific qualifications under the Act in this article, here are some frequently asked questions from clients who are considering applying for DACA while in removal:
(1) Will DACA give me legal status? In short, no. DACA authorizes an individual to stay in the
United States on a temporary basis; it cannot be used as a path to permanent
residency. However, one who has DACA
will be considered an individual residing in the United States legally for the
duration of that individual’s DACA status.
(2) Does DACA allow me to work? Yes. DACA does allow one to
apply for an employment authorization document.
If granted, the work authorization is valid for the time that one has
Deferred Action.
(3) How long does DACA last? DACA is valid for only two years,
though one can apply for a renewal towards the end of each period.
(4) Can I apply for DACA if I have a removal order? Yes. If
you are currently in removal proceedings, if you have an order of removal, or
if you have accepted voluntary departure, you still can apply for DACA.
(5) Do I have to be 15 years year old to apply for DACA?
Normally, if you are not in removal you must be at least 15 years old to apply
for DACA. If you are in removal
proceedings, if you have an order of removal, or if you have accepted voluntary
departure, you still can apply for DACA if you are under 15.
