Deferred Action for Childhood Arrivals
Consideration of deferred action for childhood arrivals, orDACA, is a policy that safeguards about 800,000 young people who entered the country illegally as minors referred to as “DREAMERS.” The program enables people to apply for a driver’s license, social security number, and work permit but does not provide them with official legal status or a path to citizenship.
President Biden announced in a document dated January 20, 2021, that his administration intended to protect and strengthen DACA. This administration has at the very least, committed to maintaining DACA in its original form, even though it is not yet clear what the phrase “fortify” may entail for the future of the program.
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The DACA attorneys in Van Nuys at our firm have been representing clients globally for years in a wide variety of immigration matters. Our team of legal experts have extensive knowledge of the ever-changing immigration law. The law offices of Hussain & Gutierrez understand how much DACA recipients mean to Van Nuys. Contact us today to learn about how we can help you apply or renew DACA.
A successful DACA application requires the following:
- Born on or after June 16, 1981
- Came to the United States before reaching your 16th birthday
- Residency in the United States since June 15, 2007, up to the time of filing a DACA request
- Were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA with USCIS
- Had no lawful immigration status on June 15, 2012, and at the time of filing your request for DACA, meaning that:
- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained had expired as of June 15, 2012, and
- Any lawful status that you had after June 15, 2012, expired, or otherwise terminated before you submitted your request for DACA.
- Are currently enrolled 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 United States Coast Guard or armed forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
If you are applying for DACA for the first time, you will need to:
- Complete Form I-821D (officially called “Consideration of Deferred Action for Childhood Arrivals”) and Form I-765 (officially called “Application for Employment Authorization Document”)
- Mail USCIS the forms and fees (currently $495, which includes $85 for biometrics)
- Set up and attend a biometrics appointment at a local USCIS Application Support Center
To have a successful application, take help from a Van Nuys DACA immigration attorney. The following documents are required to petition for DACA:
- Proof of identity: This could be in the form of a passport, birth certificate, state-issued photo ID, military ID, or school ID.
- Proof you came to the United States before age 16: A copy of your passport with the stamp still on it, your Form I-94, any INS documentation with the date of entrance, travel documents, academic records, hospital or medical records, and official documents from religious ceremonies could all be included in this.
- Proof of established residence prior to age 16, if you left the U.S. and returned later: Acceptable documents include school records, employment records, tax returns, bank letters, or a verification of employment.
- Proof of residency since June 2007: Payment receipts, utility bills, tax returns, school records, medical records, money orders for money sent in and out, birth certificates for kids born in the United States, dated bank transactions, car receipts, titles, and registrations, as well as insurance policies, could all fall under this category.
- Documents to prove any absences from the U.S. since 2007 were brief, casual, and innocent: Acceptable documents include a plane ticket, passport entries, hotel receipts, or evidence of travel intent.
- Proof of presence in the U.S. on June 15, 2012: Rent receipts, utility bills, tax returns, school records, medical documents, money orders for money sent in and out, birth certificates for children born in the United States, dated bank transactions, car receipts, title, and registration, and/or insurance policies could all be examples of this.
- Proof of no lawful status on June 15, 2012: Form I-94 with expiration date, final order of removal or deportation as of June 15, 2012, or Department of Homeland Security (DHS) document about removal proceedings.
- Proof of current education, graduation, G.E.D., or military service: Acceptable papers include diplomas, transcripts stating graduation dates and/or dates of enrollment, education or literacy program, GED programs, college/university/community college transcripts, and current enrollment in elementary, middle, high school, or home school.
- Proof of honorably discharged veteran status: Form DD-214, NGB Form 22, military personnel records or health records.
- Proof of removal proceedings: Copy of the removal order, any document issued by the immigration judge, or the final decision of the Board of Immigration Appeals (BIA).
- Proof of criminal history: An official declaration from the arresting agency that no charges were filed, or if charged/convicted, a complete arrest record and disposition for each incident, in original or court-certified form; an original or court-certified copy of the court order vacate, set aside, seal, expunge, or otherwise remove the arrest or conviction.
Discuss Your Immigration Goals With Our Van Nuys DACA Lawyer
Don’t underestimate how challenging it will be to prepare your DACA Renewal application. If your application is rejected, you won’t be allowed to continue to lawfully work in the US. And once more, you risk being deported. Defend yourself against these horrible outcomes. Consult the Law Offices of Hussain & Gutierrez, a reputable law office in Van Nuys, for guidance from DACA immigration attorneys. We are aware of exactly what USCIS is looking for in a successful application, which will increase the success of your DACA Renewal procedure.
Have a question? Ask our immigration lawyer for DACA
DACA enrollees are not legal permanent residents or citizens of the United States. They are not given official legal status or a route to citizenship under the program.
As of October 31, 2022, the regulation is in force. USCIS is still processing DACA renewals under the new rule despite the continuing legal dispute, but it is unable to handle new applications.
Unless they obtain a final order of removal, the great majority of DACA recipients cannot just be picked up by CBP or ICE and deported. They have a right to appropriate notice and judicial proceedings before an immigration judge, and the resolution of these actions can take many years.
DACA recipients are ineligible for legalization, citizenship, or amnesty. DACA recipients are eligible for a two-year temporary restraining order against deportation. DACA recipients cannot cast a ballot. DACA recipients are ineligible for any government assistance, including Social Security, student loans, and food stamps.
Anyone applying for DACA had to be younger than 31 as of June 15, 2012 (this means you must have been born on or after June 16, 1981).
