Deferred Action for Childhood Arrivals

The U.S. District Court for the Eastern District of New York vacated the July 2020 DHS Memo and restored the Deferred Action for Childhood Arrivals (DACA) program to its original 2012 form on December 4, 2020.

This provides many undocumented young people with better economic opportunity; attain higher education and so on. In the coming years, thousands of beneficiaries will need to renew DACA, and million across the US can apply if they met the criteria.

Frequently asked questions about DACA

What is Deferred Action fir Childhood Arrivals?

Deferred Action for Childhood Arrivals (DACA) protects eligible undocumented immigrants who were brought to the United States by their parents when they were children. DACA provides employment authorization (work permit) and protection from deportation. Additionally, DACA recipient are eligible for a social security number, and a state issued driver’s licenses. However, DACA does not grant lawful status or pathway to US citizenship.

Is there age limit for DACA?

According to US citizenship and immigration services, following is the criteria for DACA-

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012, meaning that:
  6. You never had a lawful immigration status on or before June 15, 2012, or
  7. Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
  8. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  9. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Can you renew DACA now?

Yes, all individuals who have DACA now or had DACA in the past can still renew. USCIS recommends that individuals submit DACA renewal requests between 5 to 4 months before their current DACA expires. Despite this, USCIS should accept filings submitted earlier than the 4 months from expiration.

Remember that DACA is temporary and you need to renew it every two years.

If you residing in LA and are applying for the first time, we recommend you consult with an immigration attorney in LA before you decide whether to apply. An immigration attorney in Los Angeles can help you weigh the benefits and risks of applying for DACA.

As per the DACA guidelines, all undocumented individuals, whether they have DACA or not, should speak to a legal service provider to be oriented about their legal options.

Please remember that submitting any immigration application without expert assistance can be highly risky.

To have your DACA questions answered please schedule an $200 consultation and contact The Shahbaz Firm at 213-250-2210.

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