Deferred Action for Childhood Arrivals (DACA) provides temporary relief from immigration enforcement to qualifying immigrant children who were brought to the United States. It is a discretionary decision to defer removal action of an individual and makes the individual eligible for work authorization if economic necessity is shown. This, however, must not be confused with amnesty, immunity, nor as a definite way to obtain a green card and does not extend to family members through the principal applicant. Our Sacramento immigration lawyers are very comfortable with applying for deferred action. In fact, our immigration law firm has been 100% successful in obtaining DACA on behalf of our clients. Our immigration lawyers are prepared to answer any questions you might have regarding this policy.
CURRENT STATUS OF DACA: The current administration is not accepting new DACA applications and will only consider DACA renewals.
What are the requirements for Deferred Action for Childhood Arrivals (DACA)?
One may request consideration of this benefit if the applicant:
- Was under the age of 31 as of June 15, 2012;
- Has continuously resided in the US since June 15, 2007 until present;
- Was physically present in the US on the day DACA was announced (June 15, 2012) and on the day of making the DACA request;
- Entered without inspection before June 15, 2012 or lawful status expired as of June 15, 2012;
- Is currently enrolled in school, graduated from high school, obtained a GED, or was honorably discharged from the US Coast Guard or Armed Forces; and,
- Has not been convicted of a felony, significant misdemeanor, three or more “minor” misdemeanors, and does not otherwise pose a threat to national security or public safety.
If my deferred action is approved, how long will my deferred action last?
For two years and it may be renewed for up to two years at a time; however, USCIS has the authority to revoke an already approved deferred action.
What are some documents that can be used to prove identity for Deferred Action for Childhood Arrivals (DACA)?
The following, non-exhaustive list contains examples of documents that can be used to prove identity for Deferred Action purposes:
- Passport or national identity document from your country of origin;
- Birth certificate with photo identification;
- School or military ID with photo identification; or,
- Any US government immigration document bearing your name and photograph.
What are some documents that can be used to prove entry before my 16th birthday for Deferred Action for Childhood Arrivals (DACA)?
The following non-exhaustive list contains examples of documents that can be used to prove entry before your 16th birthday for Deferred Action purposes:
- Passport and entry stamp;
- I-94 record, I-95, I-94W;
- School records;
- Travel records;
- Medical records;
- Employment records;
- Official religious ceremony records;
- Money order receipts;
- Birth certificates for children born in the US;
- Lease agreement; and,
- Bank statements.
What are some documents that can be used to prove current immigration status for Deferred Action for Childhood Arrivals (DACA)?
The following non-exhaustive list contains examples of documents that can be used to prove current immigration status for Deferred Action purposes:
- I-94, I-95, I-94W;
- Charging document placing the individual in removal proceedings; or,
- A final order of exclusion, deportation, or removal issued as of June 15, 2012.
What are some documents that can be used to prove continuous presence from June 15, 2007 until present time and presence in the US on June 15, 2012 for Deferred Action for Childhood Arrivals (DACA)?
The following non-exhaustive list contains examples of documents that can be used to prove continuous presence from June 15, 2007 until present time and presence in the US on June 15, 2012 for Deferred Action purposes:
- Rent or utility bills;
- Employment records;
- School and/or military records;
- Official religious ceremony records;
- Money order receipts;
- Birth certificates for children born in the US;
- Passport entries;
- Rental agreements;
Receipts; and, Bank statements.
What are some documents that can be used to prove current student status or honorable discharge for Deferred Action for Childhood Arrivals (DACA)?
The following non-exhaustive list contains examples of documents that can be used to prove current student status or honorable discharge for Deferred Action purposes:
- GED;
- High school diploma;
- Proof of enrollment into school;
- Official school records;
Form DD-214 or NGB Form 22 demonstrating release from service, military records and/or health records.
What are the requirements for Deferred Action for Childhood Arrivals (DACA) renewals?
The individual must have met the initial guidelines and must:
- Not have departed the US on or after August 15, 2012 without Advance Parole;
- Have continuously resided in the US since submitting the initial application; and,
- Have not been convicted of a felony, significant misdemeanor, three or more “minor” misdemeanors, and does not otherwise pose a threat to national security or public safety.
Our Sacramento immigration lawyers have handled countless DACA cases and we have been 100% successful with them. We have even responded to Requests for Evidence (RFEs) on behalf of clients and have been successful in responding to them. Needless to say, our Sacramento immigration law firm is prepared to handle your case as well. Please do not hesitate to contact our Sacramento immigration lawyers.
USCIS on Deferred Action for Childhood Arrivals (DACA): http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
USCIS on Deferred Action for Childhood Arrivals (DACA) Renewals: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/renew-your-daca