Consideration of Deferred Action for Childhood Arrivals (DACA)
What is DACA? It’s a program that helps children of immigrants who came to the United States undocumented, so that these children may be able to get work and eventually a path to legally being in the United States. According to the USCIS website, DACA is defined here:
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. (USCIS)
DACA was created by President Obama to help the large amount of immigrant children we have in the United States who struggle to find work due to not having the proper papers. Who is eligible for DACA relief? There are quite a few factors to consider, so this type of application definitely requires the help of a legal professional.
- You came to the United States before your 16th Birthday
- You have continuously resided in the United States since June 15, 2007 until the present time
- You were under the age of 31 as of June 15, 2012
- You never had lawful immigration status prior to June 15, 2012
- You are currently in school, have graduated, obtained your GED, or have been honorably discharged from the United States Armed Forces
- You have not been convicted of a felony, serious misdemeanor, three or more regular misdemeanors, and you are not a security threat to national security or public safety
- You were physically present in the United States on June 15, 2012
- (USCIS – Consideration of Deferred Action for Childhood Arrivals)
If you have put in an application for DACA, here is a great blog where you can compare your case to others and see how many have been approved, rejected, or are still awaiting a decision: Dreamact.Info
Since DACA, also called The Dream Act, has so many specific requirements, it is very important to seek legal counsel when filing this application. There are specific rules about different types of crimes, such as which misdemeanors are considered serious on the DACA application, and you need to make sure that you do everything correctly in your packet. Also, there are new DACA expansions related to eligibility currently in the works but you may not be able to file with the new eligibility requirements yet. We have processed many successful DACA applications and are here to help you with your questions and with putting together your packet.