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DACA & Deferred Action

As of 09/05/2017: U.S. Attorney General Jeff Sessions announced the ending of the DACA program, and no new initial DACA applications are being accepted. However, those who have or previously had DACA may be able to renew under Federal court order.

The information below outlines the DACA program, and we are working to update this page with information reflects the current state of DACA.

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Deferred Action

Deferred action is an immigration status that can be granted to undocumented immigrants. Deferred action is most commonly used by immigration attorneys to delay deportation. Reasons that an immigration judge will grant deferred action varies greatly, since there is no specific law as to how receive deferred action. However it is believed that deferred action is more likely to be granted to an undocumented immigrant that can prove they can provide value to society.

It is for this reason, as well as many others, that it is highly recommended that you work with an immigration attorney if you are looking to be granted deferred action on your deportation.

Deferred Action for Childhood Arrivals

Deferred action for childhood arrivals (DACA) is a program created by the secretary of homeland security for people who came to the United States as children. These individuals may wish to request consideration of deferred action for a 2 year period or in other words, they cannot be subject to deportation or removal. During this period they would be eligible for work authorization as well, however DACA is a program that is most often used by students, particularly college students that wish to remain as legal immigrants in the United States to finish school.

Guidelines for DACA Eligibility

Unfortunately DACA is not available for all immigrants, but instead a select few. Below are the guidelines for requesting DACA for the very first time. If you meet all of these categories you may be eligible, however, the best way to know for certain and the best way to apply is to work with an immigration attorney.

You may request DACA if you:

  • Were under the age of 31 as of June 15, 2012
  • Came to the United States before your 16th birthday
  • Have resided in the United States since June 15, 2007, up to the present time
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
  • Had no lawful status on June 15, 2012
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces.. and
    • Have not been convicted of a felony, significant misdemeanor, or 3 or more misdemeanors, and do not otherwise pose a threat to national security or public safety

DACA Age Guidelines

To request DACA you must be at least 15 years of age and must have been under the age of 31 as of June 15, 2012.

The only exception for individuals younger that 15 years old is if you are currently in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention.

Take Your Future Seriously and Get Help

Wether you’re an undocumented immigrant applying for deferred action, or a young person applying for DACA, to receive the highest odds of being accepted you must work with an immigration attorney. Although we have provided the basic guidelines for what it takes to become a DACA recipient, simply meeting these guidelines will not grant you deferred action. There are many more actions that still need to take place before you can become eligible, and then you have to be accepted.

One of the most important parts about applying for DACA, and often times most difficult, is proving that the information you are providing is accurate. Because you are not a US citizen, you will need as much documentation as possible to prove that you were here during the time period that is accepted and that you are providing value to society.

By working with an immigration attorney you will be guaranteed that every single shred of evidence and documentation to help your case is provided. You can be assured that all the steps will be taken correctly and that you are setting yourself up for the best possible future. You don’t have to do this alone, get help from our immigration team today.

 

Call our Immigration team at(480) 626-2388 to discuss your case today.

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