Deferred Action For Childhood Arrivals Attorney
Deferred Action for Childhood Arrivals Attorney
The attorneys at The Luna Firm handle the new law for Deferred Action for Childhood Arrivals.
As a law office, we will take you step by step through the process to ensure that your case is filed correctly. Below we have included some Frequently Asked Questions to help you in deciding whether you may qualify.
What is Deferred Action?
Deferred action is a determination by Immigration (USCIS) to STOP a potential DEPORTATION of a person who is here UNDOCUMENTED, as an act of discretion by prosecutors of the United States.
We have encountered many people who are afraid of applying because they believe that immigration will find them and they will be deported. Do not be afraid to apply for this program. The Immigration Service, USCIS, states that you can apply to remain in the U.S. temporarily under this program “without fear of deportation.”
What is the new Presidential Executive Action?
As of the President’s November 20, 2014 press conference, the president expanded the rules for Deferred Action for Childhood Arrivals (DACA) program that will be effective in approximately 90 days. If you did not qualify previously, the expansion of the rules will apply to more individuals, without any capped age restrictions, as explained below:
Who can Apply?
- Individuals born before to June 15, 1981, who meet all other DACA guidelines.
- Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
New changes
- Requires continuous residence in the United States since January 1, 2010. This eliminates the old requirement of June 15, 2007.
- Extends the deferred action period and employment authorization to three years from the current two years.
When is the new program in effect?
- Approximately 90 days following the President’s November 20, 2014, announcement.
How do I qualify for DACA?
- Were under the age of 31 as of June 15, 2013; (Executive action has changed this section- see above)
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time; (Executive action has changed this section- see above)
- Were physically present in the United States on June 15, 2013, and at the time of making your request for consideration of deferred action with USCIS; (Executive action has eliminated this- see above)
- Entered without inspection before June 15, 2013, or your lawful immigration status expired as of June 15, 2013; (Executive action has changed this section- see above)
- 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 of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
If I am approved, how long is my work permit good for?
Initially, DACA applicants were granted a work permit for 2 years, which is renewable after expiration.
Under the new presidential executive action, the work permits will be good for 3 years.
Why should I get an attorney to help me file?
Deferred action is a determination by Immigration (USCIS) to STOP a potential DEPORTATION of a person who is here UNDOCUMENTED, as an act of discretion by prosecutors of the United States.
Deferred action DOES NOT automatically make a person lawful in the United States, although later down the road you may be able to remain in the country through another avenue that may be available to you.
This is why you need an attorney before you apply, in order to guide through the process and provide for you the best way of gaining residency. It is not as simple as providing an application and proof, it is much more complex than what you have heard on TV or read on websites.
What happens if I get approved for Deferred Action, am I automatically legal?
No. Most people are misunderstanding this new law and it is why we can help you.
Even if a person whose case is "deferred" or approved under the new law, "deferred action" does not excuse individuals of any previous or subsequent periods of unlawful presence. This means that there may still be a penalty for being in the country illegally. Deferred Action is only temporary.
Under existing regulations, a person whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate "an economic necessity for employment." HOWEVER, Immigration (USCIS) can terminate or renew deferred action at any time at the agency's discretion. Many people think that everything is over once they get approved, when it is not.
Does deferred action provide me with a path to permanent residence status or citizenship?
No. Deferred action is a form of discretion, not to remove you from the U.S. temporarily. It does not make you a lawful permanent resident status or a citizenship.
However, our office is very experienced in handling complex immigration cases. We will work directly with you throughout any of your approvals to assist you to eventually become a permanent resident. It will not be through Deferred Action, but possibly through other options you may have available to you right now.
Remember, you may have a way to gain permanent residency or citizenship RIGHT NOW, and you do not even know it. This is why it is so important to hire an experienced attorney to help you.
