DACA

What Is DACA?

DACA is a program that was established by executive order in 2012. Under DACA, the Department of Homeland Security (DHS) uses its discretionary authority not to pursue removal proceedings against certain individuals who came to the United States as children and who are currently residing in the U.S. without lawful status. DHS will defer action on removal proceedings for a renewable period of up to two years. Individuals with DACA status also receive authorization to work in the United States.

DACA Eligibility Requirements

DHS may grant DACA status to certain individuals who meet the following eligibility requirements:

  • The individual was under the age of 31 on June 15, 2012.

  • The individual arrived in the U.S. before his or her 16th birthday.

  • The individual entered the U.S. without inspection before June 15, 2012, or his or her lawful immigration status expired before June 15, 2012.

  • The individual was physically present in the U.S. on June 15, 2012.

  • The individual is physically present in the U.S. on the date he or she requests DACA.

  • The individual is currently in school, has obtained his or her high school diploma or GED, or has been honorably discharged from the U.S. Armed Forces or the U.S. Coast Guard.

  • The individual has not been convicted of a felony or significant misdemeanor, or three or more minor misdemeanors, and the individual otherwise does not pose a threat to public safety or national security.

How to Apply for DACA

If you believe you meet all the eligibility criteria for DACA status, you may apply for DACA by submitting the following documentation:

  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals

  • Forms I-765 and I-765WS to obtain a work permit; however, you will also have to prove that you have an economic need for employment

  • Two passport-style photos

  • Copies of your foreign passports and former visas, if available

  • Birth certificate (and translation)

  • U.S. criminal record, including traffic violations

  • Copies of school records, high school diploma, or GED

  • Copies of military records, if applicable

  • Proof that you entered the U.S. before your 16th birthday

You will also need to pay a filing fee with your application. Failing to submit necessary information or sufficient information to prove you meet each of the eligibility requirements could result in DACA status being delayed or denied.

How an Immigration Lawyer Can Help

A knowledgeable DACA immigration lawyer can ensure that your application has all the documentation and information required to establish your eligibility for DACA status. A lawyer can help you secure information such as your birth certificate from your home country, your education or military service records, your criminal records (if any), and proof that you meet DACA’s entry and residency requirements. If your application is denied, an attorney can advocate for you on appeal.

When you trust an immigration attorney from Troy & Neils Law, you can have peace of mind knowing your DACA application is in the right hands. To learn more about how we can help in your particular situation, contact us now.

Benefits of DACA Status

DACA status provides many benefits, including:

  • Deferring removal – Even if you are currently in removal proceedings or you have received a final removal order or a voluntary departure order, you may still apply for DACA. If you are granted status, DHS will defer any further action on your removal.

  • Not accruing unlawful presence – If you are granted DACA status, you will not continue to accrue unlawful presence. If you are under 18 years old when you apply for DACA, you will not accrue unlawful presence while your request is pending.

  • Work authorization – If you can prove an economic need for employment, you may receive authorization to work in the U.S., including accruing employment benefits

  • Ability to attend college or university or vocational school

  • Ability to open banking and credit accounts

  • Ability to apply for health insurance

  • Ability to apply for a driver’s license (in most states)

Unfortunately, DACA status does not grant lawful status, nor does it provide a pathway to lawful permanent residency or naturalization. You will need to speak with your attorney about next steps to understand the best way forward based on your circumstances.

Talk to a DACA Lawyer Now

If you lack lawful status here in the U.S. and believe you may be eligible for DACA, contact Troy & Neils to schedule a consultation. You shouldn’t have to spend another day with the uncertainty of deportation hanging over your head.

Call us today at (415) 399-9490 to speak with a knowledgeable and compassionate attorney who can answer your questions and help you navigate the DACA application process.