San Diego Deferred Action for Childhood Arrivals Lawyer
An executive action announced by President Obama in June of 2012 determined that the U.S. Department of Homeland Security (DHS) would not deport certain undocumented youth who had come to the United States as children. Under a directive from the secretary of DHS, these youth may be granted a type of temporary permission to stay in the U.S. called “deferred action.” The Obama administration named this program Deferred Action for Childhood Arrivals, or DACA.
Administrative Relief from Deportation
Deferred action is a type of administrative relief from deportation that has been previously utilized in the US. Through it, DHS authorizes 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. As grant of deferred action, DACA is temporary and, as of November 24, 2014, they are being issued for three-year renewable periods. They do not provide a path to lawful permanent resident status or U.S. citizenship. However, a person granted deferred action is considered by the federal government to be lawfully present in the U.S. for as long as the grant of deferred action is in effect.
Expanding the Original Policy
In November 2014, President Obama expanded the original 2012 policy, making significant changes in the eligibility requirements for an initial grant of DACA. These changes in requirements have the effect of creating two groups of DACA applicants, people who applied under the 2012 requirements and those applying under the 2014 requirements.
Currently, U.S. Citizenship and Immigration Services (USCIS) is accepting applications both from people who were previously granted DACA and now want to renew it and from people applying for DACA for the first time under the pre-expansion guidelines. As of February 18, 2015, the USCIS announced that it will begin accepting applications from people who do not qualify under the pre-expansion guidelines but who may qualify under expanded DACA.
The list of DACA eligibility requirements is extensive, though they are somewhat less stringent under the expanded guidelines. In general, to be eligible for deferred action under the DACA program, you must be at least 15 years old and have come to the United States before your sixteenth birthday. In addition, there are education background requirements, immigration status requirements, and you must have no convictions of significant misdemeanor offenses or any felony convictions. As requirements have changed, a qualified immigration attorney can help you determine if you meet the current requirements.
As of early February 2015, the Department of Homeland Security (DHS) had not received congressional funding due in part to political opposition to the DACA program. Please contact our office for current information on DACA status.
Deferred action is granted on a case-by-case basis and those meeting all requirements are still subject to a DHS decision to grant deferred action. If you feel you are eligible for deferred action under DACA or have questions concerning specific requirements and the current status of DACA, contact Sevens Legal Immigration Law for assistance.
Hiring the best attorney for your immigration case can prove pivotal in your life, much like a marriage. A licensed lawyer is authorized and qualified to assist you with your immigration case or green card application. Unlike consultants, attorneys have completed extensive education and training before being licensed to represent clients. Just like a life partner, you want an attorney you can trust, communicate with, and relate to. Most importantly, you want an attorney who knows how to successfully proceed with your case so that you achieve the desired outcome. While many legitimate community and religious organizations provide immigration-related services, there are those who advertise as legal “consultants” or “notarios publicos” but are not authorized or qualified to help with immigration law-related matters. You face a big challenge, the power of the United States government. Don’t face it alone. Contact a San Diego Deferred Action for Childhood Arrivals Lawyer at Superior Immigration Lawyers.