The Shpigler Law Firm provides legal assistance to individuals who want to apply for Deferred Action, or DACA (Deferred Action for Childhood Arrivals).
Deferred Action in General
Deferred action is a kind of administrative relief from deportation (sometimes called removal). It has been around for a long time. When the Department of Homeland Security (DHS) grants someone deferred action, it is authorizing a non-U.S. citizen to remain in the U.S. temporarily. The person may also apply for an employment authorization document (a work permit) for the period during which he or she has deferred action.
On June 15, 2012, DHS issued a memorandum allowing people who entered the United States before turning 16 and who meet certain guidelines to apply for deferred action. This program was called Deferred Action for Childhood Arrivals, or DACA. Among other things, DACA recipients are eligible to receive deferred action (that is, to delay removal) for two years and to apply for work authorization. Under current rules, DACA recipients can renew their status and work authorization for additional two-year periods. The DACA program is currently under review by the courts. Currently, only individuals who already have DACA benefits may renew their status and work authorization.
Qualifying for DACA
To qualify for DACA, you must show that you:
- Were under the age of 31 on June 15, 2012;
- Arrived in the U.S. before your 16th birthday;
- Continuously lived in the U.S. from June 15, 2007, to the present;
- Were physically present in the U.S. on June 15, 2012, and at the time of applying for DACA;
- Entered without inspection before June 15, 2012, or that your lawful immigration status expired on or before June 15, 2012;
- On the date you apply for DACA, you are in school, have graduated or obtained a GED, or you have been honorably discharged from the U.S. armed forces; and
- 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.
We will help you determine whether you meet the requirements for DACA and will assist you in filing an application.
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