The U.S. Department of Homeland Security announced in June 2012 that certain young people who entered the country at a young age may be exempt from deportation. These persons may also be eligible for an employment authorization document (Work Permit or EAD) if they can demonstrate economic necessity. If you fit this definition or have questions about Deferred Action for Childhood Arrivals, we can help.
The Baton Rouge deferred action attorneys at Chavez & Valko, LLP, exclusively focus on matters concerning U.S. immigration and naturalization. Our law firm has represented thousands of clients from around the country and the globe. Contact our lawyers online or call or call us at 225-291-2155 or toll-free at 1-888-562-0398 to discuss your case.
RENEWAL PROCESS FOR DEFERRED ACTION OF CHILDHOOD ARRIVALS ANNOUNCED:
On June 5, 2014, USCIS released a new form I-821D for the renewal of your authorized stay in the United States for the next two (2) years.
How do you renew your DACA?
In connection with the renewal process, you may be considered for renewal of your DACA if you have met the guidelines for consideration of initial DACA up to the present time, and:
- Did not depart the United States on or after August 15, 2012 without a travel permit;
- Have continuously resided in the United States since you submitted your request for initial DACA up to the present time; and
- Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
It is recommended that your renewal packet be submitted to the USCIS within 120 days (4 months) of the expiration of your Deferred Action, but not sooner than 150 days (5 moths). Only persons who were granted DACA through USICE (those who were in removal proceedings when they submitted the application) may apply now.
Example: DACA expires on 11/15/2014. Apply for renewal only after 06/18/2014 unless you obtained DACA through USICE.
Our law firm is prepared to assist you with the renewal process in a timely manner and at a discounted legal fee from the original process.
Please schedule a consultation with our attorneys.
Do You or Your Children Qualify for Deferred Action?
Deferred action, often referred to as Deferred Action for Childhood Arrivals (DACA), does not confer status. Instead, it allows certain undocumented persons to receive employment authorizations and stops any pending deportation proceedings. Generally, it also precludes the government from starting deportation proceedings against the qualifying applicant.
Deferred action as defined by the Department of Homeland Security (DHS) is available to a young man or woman who:
- Was under the age of 31 on June 15, 2012;
- Was under the age of 16 when entered the U.S.;
- Is at least 15 years old when making the request unless he or she is in removal proceedings, has a final removal order, or has a voluntary departure order, and is not in immigration detention;
- Resided in the U.S. for 5 consecutive years as of June 15, 2012 and up to present time;
- Entered the U.S. without inspection (EWI) or his or her lawful immigration status expired as of June 15, 2012;
- Is currently in school, has graduated from high school, has obtained a general education development (GED) certificate, or has been honorably discharged from the U.S. Coast Guard or U.S. Armed Forces;
- Has not been convicted of a felony offense, a significant misdemeanor offense, or three (3) or more insignificant misdemeanors; and
Does not pose a threat to national security or public safety. If you are considering filing for deferred action, we strongly urge you to have an immigration attorney review your case if you have a criminal record. A criminal record may prevent someone from qualifying for deferred action. We can assist you in determining whether your application will be affected by previous criminal convictions.
The Deferred Action Process
The process starts with the completion of form I-821D "Consideration of Deferred Action for Childhood Arrivals." After submitting this form together with the I-765 and I-765WS forms requesting a work permit, you will receive a receipt notices for the forms. You will then receive an appointment notice to visit an Application Support Center (ASC) in order for you or your child to be fingerprinted and photographed. If all requirements are satisfied, you should receive grant of Deferred Action as well as your Employment Authorization document.
Chavez & Valko, LLP has attorneys who have followed the development of the previous DREAM Act and the current DACA from the very beginning. If you need an advocate in your struggle to remain in the United States legally, we can help.