Skip to main content

What Is Deferred Action for Childhood Arrivals? 3 DACA FAQs Answered by an Atlanta Immigration Attorney

Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy that allows eligible immigrants to request deferred action and employment authorization for two years. After this period, they must request renewal of DACA.



If you would like to speak with an immigration attorney about DACA, obtaining a Green Card or other immigration concerns, contact Kuck Immigration Partners. Our firm has filed and won thousands of cases over the last 27 years. Call 404-816-8611 to schedule a consultation with an immigration attorney in Atlanta.

Until then, read on to learn the answers to three FAQs about Deferred Action for Childhood Arrivals:

1. What are the eligibility requirements for Deferred Action for Childhood Arrivals?

According to U.S. Citizenship and Immigration Services, you can request consideration of DACA if you meet the following eligibility requirements:

1.       You were younger than 31 on June 15, 2012;
2.       You were younger than 16 when you entered the United States;
3.       You have been a continuous resident in the United States since June 15, 2007;
4.       You were in the United States on June 15, 2012 and when you made your request for consideration of deferred action with U.S. Citizenship and Immigration Services;
5.       You did not have lawful status on June 15, 2012, which means:
a.       You did not have lawful immigration status on or at any point before June 15, 2012;
b.      Or your parole or lawful immigration status that you obtained before June 15, 2012 had expired as of June 15, 2012.
6.       You obtained a certificate of completion or graduated from high school, or you are currently in school, or you obtained a General Educational Development certificate, or you were honorably discharged from the Armed Forces of the United States or Coast Guard;
7.       And you have not been convicted of a significant misdemeanor, felony, three or more misdemeanors, and you are not a threat to public safety or national security.

2. Can I request a renewal of employment authorization and deferred action under DACA?

Yes. Your request for renewal of your employment authorization and deferred action under DACA will be considered on a case-by-case basis. If U.S. Citizenship and Immigration Services approves your request, you will receive deferred action for two more years. You may also receive employment authorization for that period if you demonstrate an economic necessity for employment.

3. If I am in immigration detention under Immigration Customs Enforcement, can I request consideration of DACA?

No. You cannot request consideration of DACA if you are in immigration detention under ICE.  However, if you meet the guidelines for DACA, you should discuss your situation with your immigration lawyer and see if DACA remains a possibility.


If you would like to speak with a DACA lawyer in Atlanta, contact Kuck Immigration Partners. Schedule a consultation today by calling 404-816-8611.

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…

LOS DERECHOS DE LOS EXTRANJEROS EN LOS ESTADOS UNIDOS

Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

SU DERECHO A DENEGAR LA ENTRADA A SU CASA
Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…