NYC DACA ATTORNEYS WITH 50 YEARS OF LEGAL EXPERIENCE
With extensive immigration experience of over 50 years, our team at Spar & Bernstein has helped hundreds of young people who entered the United States as children remain in the US as part of the Deferred Action for Childhood Arrivals (DACA) program.
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WHY HIRE SPAR & BERNSTEIN FOR HELP WITH DACA?
Our compassionate and knowledgeable team has helped more than 100,000 people obtain United States immigration benefits.
If you are eligible for the Deferred Action for Childhood Arrivals (DACA) program, our experienced immigration lawyers at Spar & Bernstein can help you apply, so you can remain in the country for a renewable two-year period, during which time you can live and work without the threat of deportation.
WHAT IS THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM (DACA)?
The Deferred Action for Childhood Arrivals (DACA) program allows individuals who are eligible to live and work in the US for two years, before applying for renewal. DACA protects around 800,000 people who entered the US as children, unlawfully. Known as “DREAMers,” these individuals are permitted to live and work in the US under the DACA program.
WHO IS ELIGIBLE FOR THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM (DACA)?
Under the original version of the Deferred Action For Childhood Arrivals (DACA) program, you can apply for DACA, if you:
- Were under 16 years of age when you came to the US
- Were physically present in the US on June 15, 2012, and also at the time you applied for deferred action.
- Had continuously resided in the US since June 15, 2007, up to the time when you applied for DACA status, excluding short casual departures.
- Were born after June 15, 1981, meaning you were under the age of 31 on June 15, 2012.
- Entered the US without inspection or with a visa before June 15, 2007.
- Currently attending high school, or have graduated or received a completion certificate from an accredited high school, earned a general education development (GED) certificate.
- If already graduated high school, after doing two years of university studies, or honorably discharged veteran of the Coast Guard or Armed Forces of the US
- Have not been convicted of a significant misdemeanor, three or more other misdemeanors, or a felony and do not present a threat to public safety or US national security
HOW LONG IS DACA VALID?
DACA must be renewed every two years. Note that this is a temporary solution to stay in the US, and that the program is currently facing legal challenges, with an uncertain future. To find alternatives options to stay in the US legally, contact our immigration attorneys at Spar & Bernstein.
BENEFITS OF DACA
Although DACA does not give you permanent legal status, the program allows you to:
- Obtain a social security number
- Obtain a driver’s license
- Work in the US
- Study in the US
- Travel outside of the US and return with advance parole under certain circumstances approved by USCIS
- Apply for renewal every two years
If your DACA expires, you will accrue unlawful presence and may lose your work authorization. In order to meet the renewal deadline, you must submit the renewal application approximately 120 days before the expiration of your work permit.
THE CURRENT STATUS OF DACA
The Deferred Action For Childhood Arrivals (DACA) program was implemented in June 2012 by the Obama administration. With multiple efforts by the Trump administration to phase the program out and subsequent lawsuits halting these intentions, DACA was reinstated by President Joe Biden.
Here’s where DACA stands today:
- DACA holders are able to renew their status and receive benefits under the program, including Advance Parole authorization to travel
- The US Citizenship and Immigration Services (USCIS) is currently accepting first-time requests for consideration but is not required to act upon them
- One-year grants of deferred action under DACA can be extended to two years by the USCIS
- One-year employment authorization documents under DACA can be extended to two years by the USCIS
When Does My Unlawful Presence In the US Begin To Accrue?
What Should I Know Before I Apply For DACA?
What Forms Should I Fill Out To Apply For DACA?
What Documents Show I Entered The US Before My 16th Birthday?
- A passport with an admission stamp showing when you entered the US
- Any document from the Immigration and Naturalization Service (INS) or DHS showing your date of entry, such as Form I-862, Notice to Appear
- Form I-94, I-94W, or I-95 Arrival-Departure Record
- Travel documents, including transportation tickets with your dates of travel to the US
- School records from the US schools you have attended, such as report cards or transcripts stating the dates of your studies and the name of the schools
- Hospital or medical records from your treatment or hospitalization in the US stating the dates of treatment or hospitalization and the names of the medical facilities
- Official records from a US religious entity to confirm your participation in a religious ceremony or rite such as baptism or first communion
Who Can Help Me With My DACA Application?
If My Removal From The U.S Has Been Deferred Under The DACA Program, Can I Obtain Employment Authorization?
Will I Receive Financial Aid As A DACA Student?
As A DACA Recipient, Am I Allowed To Travel Abroad?
How Can I Renew My DACA Status?
- Continue to meet the original DACA eligibility criteria
- Have continuously resided in the US since the time you submitted your initial DACA application
- Have not left the country without USCIS’s permission in the form of Advance Parole
- Have not presented a threat to the public safety or US national security and have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors
When Should I Apply For DACA Renewal?
Should I See A Lawyer To Renew My DACA Status?
- Your situation has changed from the time of your initial DACA application. For example, if you have been convicted of a crime since your initial application.
- You no longer meet the initial educational requirements.
What Documents Do I Need To Submit To Renew My DACA Status?
- Form I-821-D, Consideration of Deferred Action for Childhood Arrivals which you also submitted during your initial applications
- Form I-765, Application for Employment Authorization
- Have been charged or convicted of a misdemeanor or felony
- Are in removal proceedings, unless your case was closed
I Turned 31 After I Got DACA. Am I Eligible To Apply For DACA Renewal?
How Much Does It Cost To Apply For DACA?
How Do I Submit My DACA Renewal Application?
Can I Switch From DACA to an H-1B Work Visa?
- Have less than six months of unlawful presence in the US
- Have earned a bachelor’s degree or higher degree
- Have been offered a bachelor’s-level position by an employer who is willing and ready to sponsor you