In the United States, DACA, or Deferred Action for Childhood Arrivals, was an Obama-era immigration policy that allowed law-abiding undocumented immigrants who met certain criteria to apply for relief from removal actions. This was recently reinstituted by a federal court order. While DACA is a promising path for many undocumented immigrants, any mistake in application process can result in delay or outright denial. Therefore, applying for relief under this policy may require the assistance of a knowledgeable Doraville DACA lawyer.
If you believe you qualify for deferred action under this program, you should consider speaking with a DACA attorney on our team right away. A local immigration attorney can help answer all of your questions and guide you through the DACA application or renewal process. En Español.
Understanding DACA
As many as 800,000 undocumented immigrants currently living in the United States came here as young children, with many arriving from Mexico. A majority of these undocumented individuals are law-abiding citizens who attend school, earn a living, and serve in the military. Because undocumented immigrants who arrived in the US as children pose little threat to this country, President Obama adopted DACA through an executive action issued on June 15, 2012.
DACA is a policy and program that protects qualifying undocumented immigrants from being removed/deported from the US. Specifically, it protects undocumented immigrants who arrived in the US at a young age and who are living here unlawfully through no fault of their own. The program has some nuances that are important to understand, so discussing DACA with a knowledgeable Doraville attorney should be a priority.
Federal Court Order Reinstates DACA Policy to Include New Applications
The Trump Administration sought to end DACA by pursuing multiple lawsuits across the country. Despite its efforts, many federal courts, including the United States Supreme Court, have not ended DACA.
A federal court ruling issued on December 4, 2020 mandates United States Citizenship and Immigration Services (USCIS) to accept both new and renewal DACA applications. By forcing the USCIS to accept new DACA applications, hundreds of thousands of undocumented immigrants can now avoid removal proceedings, which otherwise could result in deportation.
The court order also requires USCIS to automatically extend one-year DACA status/work permits to two years. Lastly, USCIS must accept and adjudicate applications for advanced parole made by DACA recipients. Advanced parole gives DACA recipients permission to travel outside the United States for education, employment, or humanitarian reasons.
Qualifying for Relief under DACA
To seek relief from removal/deportation, undocumented immigrants who submit applications to USCIS must meet certain legal requirements, including:
- Born on or after Jun 15, 1981;
- Came to the US before turning 16 years of age
- Were at least 15 years old at the time of applying;
- Continued to live in the US from June 15, 2007 to the present
- Was physically present in the US on June 15, 2012 and at the time of submitting their DACA application
- Did not have lawful status (i.e., no lawful visa or permanent residence status) in the US on June 15, 2012
- Are currently in school, have graduated from high school, received a certificate of completion from high school, or obtained a general education development (GED) certificate
- Are a veteran who has been honorably discharged from the US Coast Guard or Armed Forces
- Have not faced a felony conviction or conviction of serious misdemeanor (or three or more misdemeanor-related convictions), and do not otherwise pose a threat to public safety or national security
Approval of a DACA application does not currently provide a path to citizenship for the applicant, but it does grant freedom from removal/deportation for at least two years. Before the two-year period expires, DACA recipients can apply for renewal of deferred status with the help of a Doraville lawyer.
How a Doraville DACA Attorney Can Help
Immigration law can be confusing and may require the knowledge of a local lawyer who regularly represents clients in immigration matters to understand. To avoid mistakes when applying for deferred status, you should work alongside a Doraville DACA lawyer. By hiring an attorney at our firm, you could maximize your chances of success.
