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Deferred Action for Childhood Arrivals (DACA)

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Deferred Action for Childhood Arrivals - DACA

What is DACA?

On June 15, 2012, the Obama administration announced a new “deferred action” program providing eligible applicants with a two-year temporary legal status which may be renewed. To qualify for this deferred action program (DACA), you must meet these requirements:

  1. Arrived in the U.S. before your 16th birthday
  2. Lived in the U.S. since June 15, 2007, up to present time
  3. Present in the U.S. on June 15, 2012, without any lawful status
  4. Studying in school now, or graduated from high school, or have a GED certificate, or have an honorable discharge from the U.S. Coast Guard or Armed Forces
  5. No felony conviction, or three misdemeanors, or a single “significant” misdemeanor
  6. No conduct posing a threat to public safety or national security
  7. Not older than 31 years as of June 15, 2012
  8. At least 15 years old at the time of application

For more information, please visit the USCIS website.

USCIS filing fee is $465 payable to the U.S. Department of Homeland Security.

At Otten Law Firm, we represent DACA applicants on a three-tier basis:

Tier 1 Cases – DACA applicant has records, proof of entry date, proof of physical presence, and no arrests.

Tier 2 Cases – DACA applicant lacks some of the qualifying records, proof of presence, has no serious arrests.

Tier 3 Cases – DACA applicant has at least one or more arrest for a misdemeanor that is not significant but needs an attorney to explain the basis and equities for DACA applicant to be eligible for DACA.

Renewing Your DACA

If your initial two-year grant of deferred action for childhood arrivals (DACA) is expiring, you may request a renewal.

Who can renew?

You may request a renewal if you met the initial DACA guidelines and you:

  • Did not depart the United States on or after August 15, 2012, without advance parole;
  • Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
  • Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

When should I renew?

You should submit your renewal request about 120 days (4 months) before your current period of deferred action expires. If you submit your request more than 150 days (5 months) before your current period expires, USCIS may reject it and return it to you with instructions to resubmit it closer to the expiration date.

How to renew my DACA?

  1. Complete and sign:
  1. Follow the instructions on all three forms to submit them to USCIS. There is a $380 filing fee for Form I-765 and an $85 biometric services (fingerprints and photo) fee, so the total cost is $465.

Do not submit any additional documents at the time you request renewal unless you have new documents involving removal proceedings or criminal history that you did not already submit to USCIS in a previously approved DACA request. USCIS may request additional documents or statements to verify information provided in support of requests for renewal of DACA.

Are there any consequences to renewing DACA after my current period expires?

If your current period of DACA expires before you receive a renewal, you will:

  1. Accrue unlawful presence for any time between the periods of deferred action unless you were under 18 years of age at the time you submitted your renewal request;
  2. Not be authorized to work in the United States regardless of your age at the time of filing unless you receive a new Employment Authorization Document from USCIS.

Note: If USCIS is unexpectedly delayed in processing your renewal request, USCIS may provide deferred action and employment authorization for a short period of time until they finish processing your request. USCIS may do this if you filed your request at least 120 days before your current period of deferred action and employment authorization expire.

Email Miami Immigration Attorney directly: info@ottenlawfirm.com

To schedule a consultation, please visit Legal Consultation page

Don’t Be a Victim of Immigration Scams!

Dishonest practitioners may promise to provide you with faster services if you pay them a fee. These people are trying to scam you and take your money. Visit USCIS’ Avoid Scams page to learn how you can protect yourself from immigration scams.

Make sure you seek information about DACA from official government sources such as USCIS or the Department of Homeland Security, and only hire a licensed attorney, not a “notario” or a “legal consultant.” Only licensed attorneys are authorized by law to provide legal advice and assistance. Notarios and various legal consultants, who provide any legal advice or assistance to the public, are committing a crime.

Frequently Asked Questions

About Deferred Action for Childhood Arrivals

Guidelines for Requesting Consideration of Deferred Action For Childhood Arrivals

Filing Process

Evidence

Cases in Other Immigration Processes

Avoiding Scams and Preventing Fraud

Miami immigration lawyer Oleg Otten