Your DACA Lawyer

Find specialized DACA legal assistance to maximize your chances of approval and secure your status in the U.S. Consult our experienced DACA lawyers today!

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DACA Attorney

DACA is an acronym and stands for Deferred Action for Childhood Arrivals. It is a United States Citizenship and Immigration Services (USCIS) immigration policy aimed at protecting children who entered the U.S. unlawfully when they were children. They are also known as “DREAMers.”

DACA seeks to address the issue of immigrants born in other countries, entering the United States as children, and their struggle to obtain jobs and education because of their illegal immigration status. They are not given official lawful status or a form of citizenship, but it allows them to apply for a Social Security number, work permit, and driver’s license.

It is temporary, but you can apply for a DACA renewal. DACA has been subject to very different immigration policies due to the political nature of immigration. As such, it has changed significantly over the past ten years. If you have any questions about whether you qualify under DACA, we would be willing to assess your case and advise on the most suitable way forward.

DACA Eligibility Requirements

Several requirements have to be met to qualify for DACA. To qualify, applicants must:

Be under the age of 31 as of June 15, 2012
Have arrived in the U.S. before turning 16
Have continuously resided in the U.S. from June 15, 2007, up to the present
Have been physically present on June 15, 2012, and are still physically present at the time of making the DACA request;
Did not have a lawful immigration status either on June 15, 2012, or at the time of filing the DACA request
Currently be in school or graduated from high school, obtained a General Education Development (GED) Certificate, or been honorably discharged as a veteran of the Armed Forces or Coast Guard
Not have been convicted of a felony or specified misdemeanor offenses
Not pose a threat to public safety or national security

DACA applications can be complex. If you believe you might qualify for deferred action, it would be a good idea to see one of our experienced and highly skilled immigration lawyers. Let us guide you through the process to minimize errors and save time and money.

How to Apply for DACA

To apply for DACA, you need to fill out Form I-821D, Consideration of Deferred Action for Childhood Arrivals.

Individuals filing a Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS.

Documentation proving your eligibility also has to be submitted when you file for DACA. These documents include the following:

Proof of your identity. Any government-issued immigration document bearing a name and picture will suffice. A passport, military photo I.D., school, or birth certificate with a photo are all acceptable.
Proof you entered the United States before turning 16. Acceptable documents include forms I-94/I-95/I-94W or other immigration documents, dated bank transaction records, a passport stamp, employment records, and school or health records.
Proof of your immigration status. Examples include Form I-94/I-95/I-94W with an authorized stay expiration date, a final order for exclusion or deportation, or an order for removal proceedings.
Proof you were physically present in the United States on June 15, 2012, and evidence that you have been resident in the U.S. since June 15, 2007. Utility bills, dated bank transactions, rent receipts, military records, passport stamps, and school and employment records can all be submitted as evidence of compliance.
Proof that you are a student. You can submit a school I.D. or transcripts of your reports or evidence of being an honorably discharged veteran.

Some of the documents must be original, while others can be copies.

Can I Lose My DACA Status?

The short answer is yes. If you have been convicted of a felony or a significant misdemeanor, you can lose your DACA status. A felony includes state, federal, or local offenses punishable by more than one year in prison. Even some misdemeanors punishable by more than five days and less than one year in jail can lead to a revocation of DACA status. Examples of a serious misdemeanors include:

Driving under the influence of drugs or alcohol
Domestic violence
Sexual abuse
Unlawful possession or use of a firearm
Burglary
Drug sales
Misdemeanors that lead to a jail sentence of greater than 90 days

Individuals convicted of three or more non-significant misdemeanors also risk losing their DACA status.

Assistance from DACA Lawyers After Application Denial

When a DACA application is denied, a DACA lawyer can play a crucial role in navigating the complexities of immigration law to safeguard your rights. These immigration attorneys specialize in the nuances of the Deferred Action for Childhood Arrivals (DACA) program and are well-versed with the policies of Citizenship and Immigration Services.

A skilled DACA lawyer can review your application to identify any errors or overlooked criteria, advise on the potential for an appeal or re-filing, and represent you in removal proceedings, if necessary.

They can also explore other legal options that might be available to you based on your specific immigration status and history, ensuring that all possible avenues for maintaining lawful status in the U.S. are considered. This comprehensive support is vital in securing DACA benefits and protecting against deportation.

How Can an Attorney Help With Your DACA Filing?

An experienced DACA lawyer can minimize the risk of filing for DACA by ensuring that undocumented immigrants qualify under the law and do not face deportation.

Although a DACA lawyer is not mandatory, having an experienced and knowledgeable attorney ensures that you submit the documents correctly, saving time and money and minimizing any attendant risks.

Andrew T. Thomas, Attorneys at Law, can provide an immigration lawyer to handle your case with empathy and professionalism. We offer a full range of citizenship and immigration services, and our experienced DACA attorneys would love to help. Whether you are applying for first-time DACA filings or DACA renewals, we can help you to consider your legal options. Contact us today for an initial free consultation.

Frequently Asked Questions

Can I Be Deported When Applying for DACA?

DACA offers temporary relief provided you qualify for it. However, if you apply and it is found that you do not qualify, you may be exposing yourself to removal proceedings if you are in the U.S. illegally. Therefore, it is vital to properly assess your case before filing for DACA. Our highly skilled DACA lawyers can assist you in applying for DACA once all risks have been minimized. In addition, DACA status is discretionary and can be revoked at any time.

Can DACA Recipients Get Legal Status?

In short, no. DACA enables you to work and avoid being deported. It does not grant you legal status. It is neither a green card nor a pathway toward obtaining a green card.

DACA is unrelated to the naturalization process. DACA does not equal citizenship and is not part of the citizenship application process.

1. Who qualifies for DACA (Deferred Action for Childhood Arrivals)?

To qualify for DACA, an individual must meet several specific criteria:

Be under 31 years of age as of June 15, 2012
Have entered the U.S. before their 16th birthday
Have continuously resided in the U.S. since June 15, 2007, up to the present
Have been physically present in the U.S. on June 15, 2012, and at the time of filing the DACA request
Have had no lawful immigration status on June 15, 2012, or at the time of filing
Be currently in school, have graduated or obtained a GED, or have been honorably discharged from the U.S. Armed Forces or Coast Guard

Not have been convicted of a felony or certain misdemeanors, and not present a threat to public safety or national security

2. How do I apply for DACA?

Applying for DACA involves submitting the following documentation and forms:

Form I-821D, Consideration of Deferred Action for Childhood Arrivals
Form I-765, Application for Employment Authorization
Form I-765WS (if required)
Additionally, you must provide documentation proving:

Your identity
Entry into the U.S. before age 16
Continuous residence since June 15, 2007
Physical presence on June 15, 2012
Current student status, completion of education, or honorable military discharge

3. Can I lose my DACA status once granted?

Yes. DACA status is temporary and can be revoked under certain circumstances, such as:

Conviction of a felony
Conviction of a significant misdemeanor (e.g., DUI, domestic violence, sexual abuse, firearm offenses, burglary, drug sales)
Accumulation of three or more non-significant misdemeanors

4. Is DACA a path to legal permanent residency or citizenship?

No. DACA provides deferred action, which allows eligible recipients to lawfully work and stay in the U.S., but it does not grant lawful status, nor does it provide a direct path to a green card or U.S. citizenship.

5. What happens if my DACA application is denied?

If a DACA application is denied, it’s advisable to consult a DACA attorney who can help:

Identify errors or missing elements in the application
Advise whether re-filing is appropriate or if an appeal may be possible
Represent you in removal proceedings if initiated
Explore alternative immigration options based on your individual circumstances