Our Attorneys have worked hard to understand the most recent laws so that we can effectively apply them to your case. We’ll help you develop the most convincing argument possible for why you should be afforded DACA protection.
If you don’t qualify, we’ll help you determine what your next steps should be. Either way, we take the guess work out of the process and put our experience to work for your future.
Implemented in 2012 and designed to protect certain children of undocumented aliens from deportation or removal by deferring them for 2 years and then allowing them to apply to renew their deferral for another 2 years when the time period expires.
Deferral is an act of selective prosecution. Under immigration law, anyone who is in the US illegally is subject to removal. By the USCIS electing not to prosecute DACA participants, they can apply for employment authorization (so long as they can demonstrate an economic necessity), Social Security Numbers and student aid for higher education (DACA) in some cases. Although under DACA you are allowed to work and go to school anywhere in the US, you are still not conferred legal status but you will have a designation called “legal presence” so that law enforcement may not lawfully arrest you based on your immigration status alone. You are also allowed to establish a domicile in the US so as to qualify for in-state tuition among other benefits.
As the USCIS and other departments work to revamp the immigration system, it becomes more and more critical that applicants be precise. The administration has little patience for mistakes nor the time to help you with their many complicated forms. Without an attorney, you’re on your own and completely at the mercy of the system.
Hiring a qualified immigration attorney whose experience includes guiding families through the DACA process is critical to your success.
At Nuñez & Associates, we can help you:
We’ll be by your side from start to finish, providing compassionate support and strategic counsel.
To be eligible for DACA and deferred action, you must be undocumented and fit within the following guidelines:
A significant misdemeanor is a crime for which a court can sentence you for up to one year but not less than 5 days. Examples are convictions for domestic violence, DUI, drug trafficking or sales, burglary or violent crime. Traffic offenses such as speeding are not significant misdemeanors. Also, if you pled guilty to or were found guilty of 2 misdemeanors that arose out of the same criminal conduct, it only counts as one. However, if you received 3 non-significant misdemeanor convictions, you are not eligible for deferred action.
Aside from meeting the minimum criteria, qualifying for DACA requires that you successfully complete a specific series of forms. Failing to submit a form with your application packet, not filling a form out all the way, or answering something incorrectly are all grounds for a return or denial of your application.
To begin, every applicant must complete form I-821D, Consideration of Deferred Action for Childhood Arrivals. This is the main application and must be given careful consideration.
Along with the I-821D, you must submit an I-765, Application for Employment Authorization and I-765WS, Worksheet. Both are critical and cannot be left out.
In addition, the applicant must submit documentation to prove you meet the guidelines. The list of acceptable documents is extensive and can be found on uscis.gov.
USCIS charges a $410 filing fee, made out to the Department of Homeland Security, for each DACA application. Fee exemptions are available on a very limited basis and must be requested prior to submitting your DACA application. To request the exemption, you must mail a letter of explanation along with documentation and proof that you meet one of the following conditions:
If your initial 2-year grant of deferred action is coming to an end, you must submit a new request to qualify for the additional 1 year of deferral. Aside from meeting all of the initial requirements, you must now prove that you:
If you meet these criteria, you must complete the same three forms you submitted for your initial application; Form I-821D, Form I-765, and Form I-765WS.
USCIS recommends that you complete your renewal application at least 120 before your original deferment is set to expire.
We’ll have your application packet successfully completed and out the door while offering honest advice about what to expect and steps to take from there.