What is DACA?
DACA stands for Deferred Action for Childhood Arrivals. It allows individuals who came to the United States as children and who meet certain requirements to request deferred action on their case for a period of two years. DACA is also subject to renewal. It allows DACA recipients to secure work authorization. While deferred action does not provide lawful status, it does provide prosecutorial discretion to defer removal for a period of time. On November 20, 2014, the President extended the period of DACA as well as work authorization from two to three years.
Do I qualify?
To qualify for DACA, one must meet the following guidelines.
- You were under the age of 31 as of June 15, 2012 and;
- You arrived in the United States before reaching your 16th birthday;
- You continuously resided in the United States since June 15, 2007 until the present time;
- You were physically present in the United States on June 15, 2012, as well at the time of making your request for consideration of deferred action;
- You had no lawful status on June 15, 2012;
- You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a (GED) certificate, and or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- You have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
I have a traffic ticket. Do I qualify?
Yes, you may still qualify under DACA. You will need to secure a certified disposition (a record of what occurred and how it was resolved) of the incident but you can still qualify.
I have 2 misdemeanors. Do I qualify?
Yes you may still qualify but you will need to secure a certified disposition of what occurred and how the matter was resolved. Each case is different and you should seek advice of an attorney on how to present the matter to USCIS. Feel free to contact me today at 1-800-348-1370 or email me at email@example.com to discuss your case and available options.
What steps do I need to take to apply?
First check with counsel to see if you meet the guidelines. Second secure the documents needed to establish that you meet the guidelines. Some of the documentation that may provide support is as follows:
- Government issued ID, passport,or birth certificate to establish identity;
- Rent receipts, school records, or medical records to establish presence in the United States prior to your 16th birthday
- Employment records (pay stubs, W-2 Forms, etc), school records (letters, report cards, etc), military records, official records from a religious entity verifying participation in a religious ceremony, bank transactions, vehicle, license registration, or rental records to establish your presence on June 15th, 2012,
- Official School records (transcripts, report cards, etc) from the school that you are currently attending in the United States.
• U.S. high school diploma or certificate of completion
• U.S. GED certificate
All can be used to establish proof of your student status at the time of your DACA application
- Form I-94/I-95/I-94W with authorized stay expiration date can provide proof of immigration status.
Who can renew DACA?
Those who meet the following guidelines can renew DACA:
- Did not leave the United States on or after Aug. 15, 2012, without advance parole;
- Continuously lived in the United States since you submitted your most recent approved DACA request; and
- You have no misdemeanors, and do not pose a threat to national security or public safety
When Can I Renew my DACA or Get More Information on the Deferred Action Initiative?
You should submit your renewal request about 4 months before your current period of deferred action will expire. If you turn in your application 150 days before, then USCIS may reject the application and have you resubmit.
Please free to call my law office at 1-800-348-1370 or email me at firstname.lastname@example.org today to discuss DACA and DACA renewal.