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.