The DREAM Act is proposed federal law that would legalize the status of undocumented youth. While the DREAM Act has not been passed by Congress and thereby become law, a version of it has arguably been implemented through the program known as Deferred Action for Childhood Arrivals, or DACA for short. DACA provides qualifying undocumented youth with 2 years of protection from removal action and eligibility for work authorization.
Call immigration attorney Agxibel Barajas at (916) 218-4123 to file your DACA request for only $995 in attorney fees.
What is DACA?
DACA is a program implemented by the Obama Administration. The program as announced by the Secretary for Homeland Security allows certain people who entered the United States as children and meet certain criteria to request deferred action for 2 years and gain eligibility for work authorization.
What is Deferred Action?
Deferred action is the exercise of prosecutorial discretion to defer removal action. Deferred action does not grant lawful status. However, an individual who has received deferred action is authorized by the Department of Homeland Security (DHS) to be present in the United States during the time in which deferred action is in effect.
What Are The Benefits of DACA?
Many clients choose to hire an immigration lawyer to file for DACA in light of the considerable benefits of the program. In short, successful applicants receive deferred action from removal proceedings or the initiation of removal proceedings for 2 years. Furthermore, under existing regulations an individual whose case has been deferred is eligible to receive employment authorization from USCIS if the individual can demonstrate an economic necessity for employment. Lastly, successful applicants can request renewal of deferred action at the end of the 2 year period.
Who Can Apply for DACA?
You can apply for DACA if you:
- Were under the age of 31 as of June 15, 2012
- Entered the United States before your 16th birthday
- Have continuously resided in the United States since June 15th, 2007 to date
- Were physically present in the United States on June 15th, 2012 and at the time of making your request for considering of deferred action
- Had no lawful status on June 15th 2012
- Are currently in school, graduated from high school, obtained a GED certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
- Have not been convicted of a felony, significant misdemeanor, or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
Crimes That Will Disqualify You
If you have been convicted of a felony, significant misdemeanor, or 3 or more other misdemeanor offenses that did not happen on the same date and did not arise out of the same act, you will not be considered for Deferred Action for Childhood Arrivals (DACA) absent exceptional circumstances.
A felony is a federal, state, or local criminal offense punishable by imprisonment exceeding a year.
A significant misdemeanor is a criminal offense for which the maximum term of imprisonment is 1 year or less but more than 5 days and is an offense of domestic violence, burglary, drug distribution or trafficking, driving under the influence (DUI), sexual abuse or exploitation, or unlawful possession or use of a firearm. Significant misdemeanors also include criminal offenses for which the individual was sentenced to time in custody for more than 90 days.
How Can I Find Out If I’m Eligible?
You can find out if you’re eligible for DACA by calling an immigration attorney for a free consultation. To receive a free consultation call immigration attorney Agxibel Barajas at (916) 218-4123.