NYC DACA Lawyer

DACA, or Deferred Action for Childhood Arrivals, is a U.S. immigration policy that provides temporary protection from deportation and work authorization to undocumented immigrants who were brought to the country as children, often referred to as “Dreamers.” To be eligible, individuals must have arrived in the U.S. before a certain age and meet various educational, residency, and criminal background criteria. Approved recipients are granted renewable periods of relief from deportation, allowing them to legally work and study in the United States, though it does not provide a pathway to permanent residency or citizenship.

The DREAM Act — Several times, members of Congress have introduced the Development, Relief and Education for Alien Minors (“DREAM”) Act in order to provide protection for undocumented individuals whose parents brought them to this country as minors. Though efforts continue, legislation has not been passed yet.

Applications and renewal requests — DACA decisions are made on a case-by-case basis, commencing with the filing of Form I-821D. There is a non-waivable $495 fee and the form for employment authorization must be filed at the same time. Upon approval, DACA protection lasts for two years and can be renewed starting 150 days before expiration.

Who qualifies — To qualify, you must have been younger than 16 when you entered the United States and younger than 31 when the policy was established on June 15, 2012. You must be in school or have a high school diploma or a General Educational Development (GED) certificate. You can also qualify if you have served in and were honorably discharged from the U.S. military or Coast Guard. You are not eligible if you are a convicted felon or have committed a significant misdemeanor or three or more minor misdemeanors.

Navigating DACA regulations can be complex and overwhelming. Our experienced NYC DACA Lawyers are here to guide you through every step of the process, ensuring your application is accurate and complete. Contact us today for expert assistance and peace of mind.

Age and Arrival Date: To be eligible for DACA, individuals must have arrived in the United States before turning 16 and must have been under the age of 31 as of June 15, 2012. The age and arrival date determine whether the person falls within the specified age range for DACA consideration.

Continuous Residence and Physical Presence: Applicants must demonstrate continuous residence in the U.S. since June 15, 2007, up to the present. This means they should have been physically present in the U.S. for a specific period without any extended absences that might disqualify them from the program. Meeting this requirement verifies the length of time they’ve been residing in the U.S.

Educational and Criminal Background: DACA applicants should have graduated from high school, obtained a GED, or been honorably discharged from the U.S. military. Additionally, they must not have been convicted of a felony, significant misdemeanor, or multiple misdemeanors. Meeting these criteria is essential to demonstrate their commitment to education and a clean criminal record.

These three factors, along with other eligibility requirements, play a crucial role in determining whether an individual can qualify for DACA and receive temporary protection from deportation and work authorization.

Do you need help with or have questions about your DACA (Deferred Action for Childhood Arrivals) filing? PPID Immigration attorneys are here to help you understand your rights and make decisions that impact your status.

In light of the ongoing uncertainty and changing political environment surrounding DACA, you probably have many questions about its status. PPID’s Immigration attorneys are here to help you.

What are deferred actions in immigration?

Deferred actions are acts of “prosecutorial discretion.” This means that immigration authorities can decide whether to provide temporary relief for individuals who might otherwise be subject to deportation. Once someone has been granted deferred action, U.S. Citizenship and Immigration Services (USCIS) will not start removal proceedings.

Who are the Dreamers and what is the Dream Act?

“Dreamers” is the collective term for young people who were brought to the U.S. as children, without proper documentation. These individuals were first granted deferred action status through DACA. The DREAM (Development, Relief, and Education for Alien Minors) Act is a legislative effort to provide a pathway to legal status for Dreamers.

Are new DACA applications being accepted?

In July 2020, the Department of Homeland Security issued a memo to limit DACA. As part of that effort, new applications from claimants who have never been granted DACA protection it are not being accepted. Unprocessed applications are being sent back along with filing fees. This could change in the future based on the political climate but there is no guarantee. People who have received DACA previously can still apply for renewals.

How long does a renewal last?

As of now, DACA and employment authorization renewals are for two years.

What is the timeframe for renewing DACA?

Requests to renew DACA should be filed between 150 and 120 days before the current grant expires. USCIS warns on its website that renewal requests made sooner than that will be rejected.

If DACA goes away, what other options are there?

Some people may be able to gain legal status and avoid deportation through sponsorship by a relative or employer. Every situation is different. Speak with a PPID immigration attorney to best understand your specific immigration situation.

We’re here to help you navigate the specifics of your Immigration case and answer questions about DACA or (Deferred Action for Childhood Arrivals) Filings.