DACA Services

 

“What is DACA Services, for those of you who are unfamiliar with the policy? The DACA program, created in 2012, protects thousands of young immigrants who arrived or stayed in the United States illegally from deportation, before turning 16 years old. DACA also grants recipients (also known as dreamers) work authorization.”

 

There is no official path to citizenship or legal status for dreamers due to this program. The state does but permits them to get a driver’s license, social security number, and work permit. It pays to speak with a California immigration lawyer familiar with the program’s requirements before applying.

 

What is DACA?

A policy known as DACA protects hundreds of thousands of illegal immigrant children. Despite not granting them official legal status or citizenship. This program permits them to get driver’s licenses, social security numbers, and work permits.

DACA applicants could now apply after a federal judge ruled in December 2020 that the Trump administration no longer accepted new applications for the program. Moreover, the renewal period was extended from one year to two years.

DACA is a program that seeks to stop the deportation of young undocumented immigrants who came to the United States as children. This does not mean that being part of this program is the only solution to residence or VISA-related problems.

IMPORTANT: Federal judges ruled in July 2021 that new DACA applicants can no longer apply. The USCIS has confirmed that all DACA applicants who applied before July 16 will continue to have DACA status. All DACA applicants who applied before July 16 will be eligible to renew their DACA.

Despite the judge’s ruling, D.H.S. will accept initial DACA requests and employment authorization requests, but they will not be able to approve them.

 

DACA requirements

There are several major requirements for DACA applicants:

• Unlawfully entered the country before the age of 16
• Those the age of 31 or younger on June 15, 2012 (born between June 16, 1981, and June 15, 1982)
• A physical resident of the United States on June 15, 2012. And at the time, they requested deferred action from USCIS.
• June 15, 2012: No legal status
• Are you enrolled in school or have completed high school or a G.E.D.
• Don’t have a history of felony convictions, serious misdemeanors, or three or more misdemeanors.
• This program offers protections and opportunities to immigrants up to 31 years old.

 

How to Apply?

First-time DACA applicants must:

• Fill out both Form I-821D and Form I-765.
• The forms and fees (currently $495, including $85 for biometrics) should be sent to USCIS.
• Visit a USCIS Application Support Center and set up a biometrics appointment.

 

DACA supporting documents

Proof of identity: A passport, birth certificate, and state-issued photo I.D.s can suffice.

Identify your date of entry into the country: I.N.S. documents with in-country dates, passports with stamps, Form I-94s, travel records, school records, hospital records, and official religious documents.

If you leave the U.S.A. and return later, proof of your established residence must be provided: This includes school records, employment records, tax returns, bank statements, or confirmation of employment.

Proof of residency since June 2007: It could consist of receipts, utility bills, employment records, tax returns, school records, medical records, money orders, birth certificates for children born in the U.S., dated bank transactions, receipts/titles/registrations of cars, and insurance policies.

The following documents can provide proof of absences from the country since 2007: A plane ticket, passport entry, hotel receipt, or proof of travel intention may suffice.

Evidence that you were present in the U.S. as of June 15, 2012: It may include receipts for rent payments, utility bills, employment records, tax returns, school records, medical records, money orders, birth certificates for children born in the U.S., dated bank transactions, car receipts, title, and registration, and insurance policies.

You must provide evidence that you were not in a lawful status on June 15, 2012: An I-94 form with an end date, a final order of removal or deportation dated June 15, 2011, or a Department of Homeland Security (D.H.S.) document about removal proceedings.

Current educational, graduate, G.E.D., or military service proof: Documents accepted include current enrollment in elementary, middle, and high schools, home schools, education programs, G.E.D. programs, college/university/community colleges, diplomas, transcripts showing graduation dates, and enrollment dates.

Proof of honorably discharged veteran status: DDD-214, NGB-22, medical records, etc.

Proof of removal proceedings: A copy of the removal order, any immigration judge’s action, OR the final Board of Immigration Appeals decision

Proof of Criminal history: The arresting agency’s official statement that no charges arose or the original or court-certified record of each arrest and disposition. The original copy of the court order was commonly vacated, set aside, sealed, and deleted. Or otherwise removed from the arrest or conviction.

 

DACA renewal

To renew DACA, DACA recipients should submit their renewal request 120 to 150 days before the end of their current DACA. Several conditions must be met for DACA to continue:

• On or after August 15, 2012, the applicant had a valid travel document (Form I-131).
• Since submitting their most recent DACA application, the applicant has resided in the U.S.
• Applicants with felony convictions and serious misdemeanor convictions. Or three or more misdemeanor convictions do not threaten public safety and national security.

 

How to renew?

• It is necessary to complete and sign Forms I-765 and I-821D.
• Additional documents
• An updated deportation or removal proceeding since the initial application: see above
• The following is evidence of any more criminal history since the initial application:
• DACA renewal fee: $495
• There are some helpful tips from USCIS on renewing DACA. Such as submitting all documents and forms on time.

 

DACA History

Since Congress failed to pass Obama’s Development, Relief, and Education for Alien Minors Act, the DACA program was starting to allow young immigrants in the U.S. to get legal status.

Because there was no congressional support for DACA, Obama issued it as a temporary measure via executive order.

DACA began as follows:

• Induced exemption from deportation and granted work permits to young undocumented immigrants for two years
• Renewed a program based on good behavior
• Requirements for applying for citizenship:
• Have a birthday on or before June 15, 2012, and be under 31
• Their immigration to the United States was before the age of 16
• A resident of the United States since 2007

As of September 2017, the Trump administration will phase out the DACA program. DACA was prevented from being fully repealed by several court cases. Including the Supreme Court’s ruling in 2020 that such action was unconstitutional and arbitrary.

The President was still able to install a variety of restrictions, including:

• The program ran for only one year rather than two.
• To renew an existing application, it had to arrive between 150 and 120 days before its expiration.
• There are no exceptions to DACA recipients’ travel requests outside the United States. DACA recipients can get permits to travel internationally for humanitarian reasons, education, and employment.
• A federal judge allowed first-time applicants to apply the following month again. DACA recipients can apply for citizenship under Biden’s sweeping immigration plan.

 

Why should you care about it?

After the end of September 5, 2017, DACA was gradually phased out over the next six months by Attorney General Jeff Sessions. March 5 was the initial deadline for the conclusion.

As of July 2020, DACA remains in place due to litigation. Around 800,000 people currently have DACA.

What is the reason for your concern? You may or may not have humanitarian impulses, but here are some things to consider:

DACA provided an onramp to work development. DACA beneficiaries made great strides in higher education under the program. They saw their investments pay off. In a Harvard study examining DACA’s effects, the most important result was the ability to return to school for young people.

The DACA generation pays taxes and contributes to our country in large numbers. In the event of a 700,000 job loss, our economy would suffer; COVID includes many DACA holders. As well, Dreamers, there are a lot of employers.

DACA provides revenue to the U.S. government. There is a fee of approximately $500 for a DACA application. Currently, there are approximately 372 million recipients of DACA.

Additionally, two-time applicants don’t appear in this figure. People had to reapply for DACA every two years after five years. The DACA program generates more couple hundred million dollars for the government. DACA affects our G.D.P. According to a Center for the American Progress report, eliminating DACA would reduce our gross domestic product by 433 billion dollars over ten years.

DACA lowers stress, creates a feeling of belonging among youth, and can affect everyone. DACA enhanced feelings of belonging and reduced stress, which had a profound psychological effect. There will be a profound challenge for young people in dealing with this uncertainty, and even DACA recipients have represented us at the Olympics!

 

Is there anything those affected can do now?

There was never a plan to make DACA permanent. Let your Senators and representatives know why immigration reform is necessary. For decades, we have helped young people get green cards and become permanent residents.

 

 

This post on DACA highlights other options for residency for those affected by DACA’s potential end. A lawyer with experience in immigration law can assist you if needed.

 

Can we apply for permanent residence through deferred action?

In fact, no. In deferred action, prosecutorial discretion applies without conferring citizenship or legal status. Legislative power is the only means by which Congress can confer these rights.

 

Can the information in my deferred action application be used to deport my family or me?

D.H.S. has stated that information in DACA applications will not be disclosed to Immigration and Customs Enforcement (I.C.E.) or Customs and Border Protection unless there is a criminal history or significant immigration violation record within the guidelines outlined in USCIS’ Notice to Appear for the application.

There will be no referrals to I.C.E. for applicants who received deferred action under DACA. Sharing application information with other national security and law enforcement agencies is still possible, including I.C.E. and C.B.P., for purposes other than removal, for reasons other than deportation. The purpose might include the following:

• Assisting in consideration of deferred action requests for childhood arrivals.
• Identifying or preventing fraud.
• Protecting national security.
• Investigating or prosecuting criminal activity.
• The policy covers not only applicants but also their families and guardians.
• The Govt can change the policy without notice at any time.

 

Is my immediate family member or dependent eligible for deferred action?

Sadly, no. Only those who meet the guidelines are eligible to participate in the new process.

To consider deferred action as part of this process, immediate relatives, including dependents of individuals whose cases have bowed out due to the consideration of deferred action for the childhood arrivals process, must meet these criteria.

 

What is the process for applying for DACA Deferred Action?

A deferred action application does not need the assistance of an immigration lawyer. You and your family need to hire an immigration lawyer if you want American citizenship finally.

Immigrant families are the focus of our law firm’s efforts. We know how to win immigration cases and know how to file applications. Whether you qualify for Deferred Action or not, the documentation matters and our firm gets it done the first time correctly.

Moreover, if D.H.S. makes an error (something that happens way too often), our firm will continue fighting for you until USCIS resolve the issue. Working hard at your job, taking care of your family, and studying for exams already occupy much of your time.

To do that, you must get your work permit, social security number, and driver’s license now rather than later. Our law firm will handle the paperwork and bureaucracy, allowing you to concentrate on the things that matter.

 

Contact our DACA lawyers in the U.S.

In case of questions about DACA Services, feel free to contact the Attorney Group. To renew your DACA status, you must make sure you fill out all the forms. Individuals who provide false information may be convicted of a felony and may even face expulsion from the country; you can rely on our team regarding immigration matters.