Office Locations
Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
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.
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.
