Deferred Action for Childhood Arrivals (DACA) Cases in Charleston, SC

Effective June 15, 2012, a certain child who came to the U.S. (without inspection) can request deferred action from removal proceedings if several key guidelines are met, for a period of 2 years, subject to renewal. This temporary status does not confer legal status as a permanent resident. It is more like a stay of any pending actions.

Upon receipt of deferred action, work authorization is permitted, which also may need to be renewed. Currently, the USCIS filing fees will approximate $854-275-5377.

The request for DACA will also require biometrics, a background check, and an interview before the USCIS.

It is strongly recommended that an attorney be retained to prepare and process this application, to ensure that all necessary accompanying documentation is attached, and to attend all USCIS interviews. Because anything 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 arrest and being placed into removal proceedings.

An attorney 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! Remember, "With immigration, nothing is as easy as it first appears." (sm)

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

• Were under age 31 as of June 15, 2012,
• Came into the U.S. before reaching your 16th birthday,
• Have continuously resided in the U.S. since June 17, 2007, up to the present time. Your attorney can help with any sporadic absences.
• Were physically present in the U.S. on June 17, 2007, and at the time of filing your request for DACA,
• Entered the U.S. without any inspection, at the border, before June 15, 2012, or your lawful immigration status expired (became an overstay) as of June 15, 2012,
• Are currently in school, have graduated or obtained a certificate of completion from high school, have a General Educational Development (GED) certificate, or are an honorably discharged veteran of the armed forces or Coast Guard of the U.S. Your attorney can discuss your eligibility if your schooling is not yet completed, and
• Have not been convicted of a felony, significant misdemeanor, or three or more general misdemeanors; are not a gang member; and do not pose a threat to national security or public safety. Retaining an attorney to clarify these matters is essential because different states and local jurisdictions have varying laws, and he/she can advise you on the ramifications of expunging criminal records.

An extensive amount of documentation must be submitted with the request to substantiate the laws of the initial guideline requirements. 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 federal, state, and national licenses; commercial or regular driver's licenses; valid Social Security numbers; work authorization; and travel documents 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.