Deferred Action for Childhood Arrivals

It is strongly recommended that an attorney be retained to prepare and process this application, to ensure all necessary accompanying documentation is attached, and to attend all USCIS interviews. Because anything that is done incorrectly can lead to a denial, and there is no available motion to reopen/reconsider or appeal. Your filing fees and chance to stay in America are gone.

If there are ancillary problems such as a bogus passport or green card, a criminal record, an incorrect or fake Social Security number that was used, unauthorized work, having voted, or failure to pay taxes on earned or unearned income, the result at the interview could lead to a denial or arrest and being placed into removal proceedings.

Our attorneys are well-versed in these matters, can sort this out before filing, clarify confusion, and often avoid these pitfalls. An attorney can even file for deferred action if you are already in removal proceedings! We can procure your past criminal records, if any, and assist you in determining if they are felonies, misdemeanors, or violations, all of which can have different repercussions toward your eventual approval. Remember, with immigration nothing is as easy as it first appears. ℠

To meet the initial guidelines for application, you must show proof that you:

1. Were younger than 31 years of age as of the 15^th of June, 2012
2. Entered the United States before your 16^th birthday
3. Have maintained continuous residence in this country since the 17^th of June, 2007, until now. (If you have been absent for any period, your attorney can assist in addressing this issue.)
4. Were physically present in the U.S. on the 17^th of June, as well as at the time when you filed your request for deferred action
5. Entered the United States without passing through border inspection protocols before the 15^th of June, 2012, or your immigration status expired on that date, making you an overstayer
6. Are currently studying in school, have graduated, or have received a diploma, GED, or other certificate of completion of high school; or are an honorably discharged veteran of the U.S. Armed Forces or Coast Guard. (Note that your attorney may be able to help you get around this requirement if you have not yet completed your schooling).
7. Have not been convicted of a felony, a significant misdemeanor offense, or three or more misdemeanors, and have not been a member of a gang and do not pose a threat to public safety or national security. (Note that in some cases it may be possible to have a past conviction expunged and thereby to clear a criminal record.)

An extensive amount of documentation must be submitted with the request to substantiate all of the initial guideline requirements. Sometimes this involves contacting foreign governments and sending Freedom of Information Requests (FOIR) to federal, state, and local agencies before filing.

Finally, often the deferred action is a gateway to obtaining other benefits such as a professional license, commercial or regular driver's license, valid Social Security number, work authorization, and travel document to legally leave and return to the U.S. Also, in an emergency or desperation, certain aid such as welfare, food stamps, child care, and the like may be available. Therefore, it is critical to get knowledgeable legal representation to sort this all out before filing your DACA request.

Contact a Charleston, USA, Immigration Law Center attorney today to find out how this immigration program may impact you.