What is Deferred Action for Childhood Arrivals (DACA)?

As of June 15, 2012, individuals who immigrated to the U.S. as children may be granted deferred action. The application process is complicated and the assistance of an immigration lawyer VA is strongly advised. In order for applicants to be considered, they must meet the following criteria: 

•  Entered the U.S. beforethe age of 16 and under 31 as of June 15, 2012;

• Resided in the U.S. from June 15, 2007 to the present;

• Were present in the U.S. on June 15, 2012;

·         Are in school, have graduated high school, or receiveda GED or the functional equivalent;

·         Have not been convicted of a significant misdemeanor, or three or more misdemeanors, or a felony. 

Filing a successful DACA application requires extensive supporting documentation; therefore, you should always consult an immigration attorney in NYC prior to commencing the application process. 

How Can I Prove My Arrival Date?

While this is one of the hardest guidelines to meet, it is not impossible to prove that you entered prior to 16. In the event that the applicant entered without inspection, USCIS accepts school, travel, and/or medical records as supporting evidence for the DACA application. Affidavits from religious entities and other circumstantial evidence may be accepted in lieu of documentation. 

Does DACA give me status?

Unfortunately, DACA does not give you lawful status. As the name suggests, once your DACA application is approved, the government exercises prosecutorial discretion by deferring any and all removal action against the applicant for a period of two years.

Why Should I Apply?

Even though DACA does not give you lawful status, it allows you to work legally without fear of being deported or removed. Once a DACA application is approved, the applicant receives a work permit that is valid for a period of two years. 

Can I use DACA as a defense to removal? 

Yes, DACA is available as a relief if you are in a removal proceeding.  To see if you can assert this relief, it is advisable to consult with a deportation lawyer VA. 

May I Renew?

Yes; however, it is unclear how the renewal process will be conducted.