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Chavez & Valko, LLP



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Deferred Action Lawyer Baton Rouge

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 to discuss your case.


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:

  1. Did not depart the United States on or after August 15, 2012 without a travel permit;
  2. Have continuously resided in the United States since you submitted your request for initial DACA up to the present time; and
  3. 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.

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“Mr. Chavez I cannot THANK YOU enough for helping us in reuniting our family. The WAIVER you completed for my husband was EXCELLENT. We will forever be grateful to you and your professional staff. I knew from my first consultation that you were sincere about helping your clients. You are an example of what a great attorney is. I HIGHLY recommend your law firm to everyone.“

– Elizabeth C., Crowley, TX (I-601 Waiver of inadmissibility in Cd. Juarez, Mexico)

“I am the General Counsel for a global internet security company. I have been working with Martin and his team for over three years on immigration matters including permanent residence, intracompany-transferee, investor’s, and H-1B matters. My experience has been outstanding. Martin or anyone in the firm always respond promptly and professionally. I usually work on very tight deadline and Martin and his team have always helped us achieve our goals. In my experience in comparison to working with other immigration lawyers, Chavez & Valko makes the complicated and burdensome process feel like a breeze. I would recommend Chavez & Valko to anyone who wants precision, promptness and professionalism.”

– Alexandra Albro, General Counsel, ESET ESET

“My husband WAS detained in a detention center, facing the possibility of deportation. As of today, my husband is home . . with the judge granting his cancellation of removal, and he was able to keep his permanent resident status here in the United States. . . The law firm of Chavez & Valko was wonderful to work with, guiding us through this long and difficult process with such conviction and compassion, that they gave my family and I that peace of mind of hope and encouragement that everything will be fine. . . I highly recommend the law firm of Chavez & Valko to anyone with immigration matter(s). . . Please continue doing what you do because you guys really do change lives. ”

– Removal client, Dallas, TX (Cancellation of Removal of Lawful Permanent Resident)

“My family and I would like to thank the attorneys from the immigration law firm of Chavez & Valko LLP for the great work fulfilled in my immigration case which had a happy ending. . . the immigration law argued that a criminal case like the one I had was eligible for deportation and my options were minimal. . . With their experience and great knowledge in immigration law, their perseverance and professionalism, they were able to win my case in my favor in Dallas immigration court (EOIR). I would like to give special thanks to the law firm of Chavez & Valko, who was with us at all times giving us support, security and great optimism.”

– Cecilio & Family, Dallas, TX (Defense against deportation in immigration court with 212(h) Waiver and Cuban Adjustment)

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