If you, a family member, or someone close to you is facing an immigration problem, there is support available. At Castañeda Law, we assist clients with immigration issues, including applying for Deferred Action for Childhood Arrivals (DACA). Contact us to talk about your situation, and let us tell you how our attorneys can help. Your initial consultation is free.
The Department of Homeland Security announced in 2012 that some people who arrived in the United States when they were children could request consideration of deterred action. Basically, the program allows a person to remain in the country, while being protected against removal for two years, and during any renewal period. It would also make you eligible for work authorization.
The eligibility requirements for DACA are that you:
In addition to these requirements for eligibility, an applicant must be at least 15 years of age in order to request DACA. Finally, DACA is a “discretionary” act, and there is no guarantee that it will not be terminated at any time.
The filing process for requesting DACA can be confusing, and involves a number of steps. The first step is to gather documents which you will have to submit to CIS. They will include proof of your identity, proof of your arrival date in the United States and that it was prior to your 16th birthday, proof of your current immigration status, proof that you were present in the U.S. as of June 15, 2012, proof of continuous residence in the U.S., and proof of student status or veteran status. The question of which particular documents are necessary in your case is something our attorneys will discuss with you when we meet.
The application process for renewal requires new forms I-821D, I-765 and I-765 worksheet, to be completed and filed with CIS.
There is no legal requirement that you hire an attorney to help with DACA. On the other hand, the entire program is fraught with pitfalls. Time periods are strictly enforcement, documentary evidence must be submitted and forms must be completed and filed precisely as required. Any mistake, even a minor one, could jeopardize not only your application, but also your status, and could have an impact on any removal proceeding now pending against you.
The attorneys at Castañeda Law know the details of the process. They can significantly increase the chances that your DACA request will be granted, and avoid many of the problems that might otherwise cause your request to be delayed or denied. They can also assist with the gathering of documents, filling out forms, and dealing with issues such as how to handle any prior criminal history.
If you think you may be eligible for DACA, or if you simply have questions about eligibility or the program itself, contact us at our offices in Phoenix or Denver, and schedule a consultation with an experienced immigration lawyer.