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DACA Attorney Overview

Lawyer Assistance With Defense Against Deportation

More than 10 million undocumented immigrants live in the United States, and many of these individuals have spent the majority of their lives in the country, establishing strong relationships with family, friends, and community. When these people face the threat of deportation, they may be able to avoid removal through a program known as Deferred Action for Childhood Arrivals, or DACA.

If you or your family member are facing possible deportation, it is important to contact an experienced immigration attorney as soon as possible. A lawyer can help you understand whether you qualify for DACA and work with you to meet the requirements that will allow you to stay in the United States.

The DACA Program

The administration of President Barack Obama enacted the Deferred Action for Childhood Arrivals program in 2012, allowing undocumented immigrants who came to the U.S. when they were children to defer removal actions for two years, after which they may apply for renewal.

A person must meet the following requirements to be eligible to make a DACA request:

  • They were younger than 31 years old on June 15, 2012.
  • They entered the United States when they were younger than 16 years old.
  • They have continuously resided in the United States since June 15, 2007.
  • They were present in the United States without a legal immigration status on June 15, 2012, and they are present in the U.S when making a DACA request.
  • They are currently attending school or have received a high school diploma or GED, or they have received an honorable discharge from the United States military.
  • They do not have any convictions for felonies; significant misdemeanors for crimes involving domestic violence, sexual abuse, burglary, unlawful firearm possession, drug trafficking, or DUI; or three or more convictions of other types of misdemeanors, and they are not a threat to national security or public safety.

To apply for DACA, a person can file Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and Form I-765 (Application for Employment Authorization) with U.S. Citizenship and Immigration Services (USCIS). If a DACA request is granted, a person will be notified of that decision, and they will be mailed an Employment Authorization Document. If a DACA request is denied, this decision cannot be appealed.

If you wish to avoid deportation, an experienced lawyer can help you determine whether you are eligible for DACA and guide you through the process of making a DACA request. If you are not eligible for DACA, a skilled attorney can work with you to identify other options that may allow you remain in the United States.

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