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Why Hire California DACA Attorneys
Complete Deferred Action for Childhood Arrivals (DACA) Guide From California DACA Attorneys
Deferred Action for Childhood Arrivals (DACA) is an immigration policy that allows certain individuals who were brought to the United States as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.
DACA does not provide a path to permanent residency or citizenship, but it does offer temporary relief and the ability to work legally in the U.S. for those who meet specific criteria. The policy has been a vital lifeline for many young immigrants, often referred to as "Dreamers," allowing them to live and work in the U.S. without the immediate threat of deportation.
This article explores the key aspects of DACA, including eligibility requirements, benefits, the application process, and frequently asked questions. Additionally, it emphasizes the importance of working with a vetted immigration lawyer, such as those found through services like 1000Attorneys.com, to navigate the complexities of the DACA application and renewal process.
What is DACA?
DACA was established by executive action in 2012, providing temporary relief from deportation and work authorization for eligible undocumented immigrants who came to the U.S. as children.
The policy was intended to offer protection to individuals who have grown up in the U.S. and consider it their home, yet lack legal status due to decisions made by their parents or guardians when they were children.
Benefits of DACA
Protection from Deportation: DACA recipients, known as Dreamers, are granted deferred action, which temporarily protects them from deportation. This status can be renewed every two years.
Work Authorization: DACA recipients are eligible for employment authorization documents (EADs), allowing them to work legally in the U.S. This enables Dreamers to pursue career opportunities, gain financial stability, and contribute to the economy.
Access to Education and Opportunities: With DACA status, Dreamers can access higher education, apply for scholarships, and in some states, qualify for in-state tuition. They can also obtain driver's licenses and other benefits depending on state laws.
Social Security Number: DACA recipients are eligible to obtain a Social Security number (SSN), which is crucial for employment, banking, and other essential services.
Eligibility Requirements for DACA
To qualify for DACA, applicants must meet the following criteria:
Age Requirements:
Were under the age of 31 as of June 15, 2012.
Came to the United States before reaching their 16th birthday.
Continuous Residence:
Have continuously resided in the United States since June 15, 2007, up to the present time.
Physical Presence:
Were physically present in the United States on June 15, 2012, and at the time of making their DACA request.
Immigration Status:
Had no lawful status on June 15, 2012.
Education and Military Requirements:
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
Criminal History:
Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
How to Apply for DACA
The application process for DACA involves several key steps:
1. Prepare Required Documentation
Applicants must gather documentation to prove their identity, age, continuous residence, and educational or military status. This can include birth certificates, passports, school records, medical records, and more.
2. Complete Forms
The primary forms for DACA application are:
Form I-821D, Consideration of Deferred Action for Childhood Arrivals
Form I-765, Application for Employment Authorization
Form I-765WS, Worksheet for employment authorization
These forms must be filled out accurately and completely.
3. Submit Application and Fees
The completed forms, along with the required supporting documents and the filing fee, must be submitted to U.S. Citizenship and Immigration Services (USCIS). As of now, the total cost for filing DACA, including biometrics, is $495.
4. Biometrics Appointment
Applicants must attend a biometrics appointment to provide fingerprints, photographs, and a signature. This information is used for background checks.
5. Receive Decision
After reviewing the application and conducting background checks, USCIS will make a decision on the DACA request. If approved, the applicant will receive a notice of deferred action and an Employment Authorization Document (EAD).
FAQs About DACA
Q: Can DACA recipients travel outside the U.S.?
A: DACA recipients may travel outside the U.S. only if they receive advance parole, a special travel permit from USCIS. However, advance parole for DACA recipients has been subject to policy changes and may not always be available.
Q: Is DACA a path to U.S. citizenship?
A: No, DACA does not provide a path to citizenship or permanent residency. It is a temporary relief program that offers protection from deportation and work authorization.
Q: Can DACA be renewed?
A: Yes, DACA can be renewed every two years. Recipients must continue to meet the eligibility criteria and submit a renewal application before their current DACA status expires.
Q: What happens if my DACA application is denied?
A: If a DACA application is denied, USCIS typically does not allow an appeal. However, applicants may request a review of the decision or consider reapplying if they can address the reasons for the denial.
Q: How has DACA been affected by changes in U.S. immigration policy?
A: DACA has been subject to legal and political challenges, leading to uncertainty about its future. Court rulings and executive actions have influenced the program's status, so it is important for recipients and applicants to stay informed about current developments.
The Importance of Working with a Vetted California DACA Attorneys
The complexities and uncertainties surrounding DACA make it crucial for applicants to seek legal guidance. Working with an experienced California DACA attorneys can help ensure that the application is accurately completed and submitted, increasing the likelihood of approval.
A vetted immigration lawyer can provide:
Legal Expertise: Navigate the nuances of immigration law and policy changes affecting DACA.
Documentation Assistance: Help gather and organize the necessary documentation to support the application.
Application Preparation: Ensure forms are completed accurately and in a timely manner.
Advocacy and Representation: Represent clients in interactions with USCIS and, if necessary, in legal proceedings.
Using a California Bar-certified lawyer referral service like 1000Attorneys.com can connect you with qualified immigration attorneys who have been thoroughly vetted for their experience and ethical standards. This provides peace of mind and ensures that you receive competent legal assistance.
DACA offers essential protection and opportunities for undocumented immigrants who came to the United States as children. While it does not provide a path to citizenship, it allows recipients to live and work in the U.S. without fear of deportation.
Navigating the DACA application and renewal process requires careful preparation and an understanding of current immigration policies. Consulting with a vetted immigration lawyer is crucial to ensuring a successful application and securing your future in the United States.
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