DACA Basics and Renewal

DEFERRED ACTION FOR CHILDHOOD ARRIVALS

Lee and Garasia, LLC

190 New Jersey 27,

Edison, NJ 08820

(732) 516-1717


TOPICS FOR DISCUSSION• What is Deferred Action?• What re the requirements to qualify?• How do I renew Deferred Action?• What should I know before I renew?• When should I talk to a lawyer?


What is DACA?

• Enacted June 15th, 2012• Deferred Action for Childhood Arrivals (DACA) is the use of prosecutorial discretion by Homeland Security to defer the removal of certain people who entered the United States as children and who would otherwise be removable


DACA Eligibility Requirements

1. Age requirements

2. Timeframe requirements

3. Education and military requirements

4. Criminal requirements


Age Requirements

• Aliens not in removal proceedings or with terminated removal proceedings:

• At least 15 and under 31 years old at the time of the request

• Aliens in removal proceedings, with a final removal order, or a voluntary departure order:• Under the age of 31 years old with no minimum age limit.


Timeframe Requirements

• As of June 15th, 2012, the alien must:• Be under 31 years of age• Be physically present in the United States• Be without lawful status since June 15th, 2012

• When the request is filed: • The alien must have arrived in the United States before his or her 16th birthday

• The alien must be physically present in the United States


Education and Military Requirements

• Either earned a:• High school diplomacy• Secondary school diploma• General education development certificate (GED)

• Or is:• Currently enrolled in school• Honorable discharged from the armed forces


Criminal Requirements

• The alien cannot have been:• Convicted of any felonies, • Convicted of any series misdemeanors, • Convicted of three or more misdemeanors (not occurring on the same date and not based from the same deed)

• The alien cannot pose a threat to either national security or public safety


Filing Process

1. Collect evidence

2. Complete forms

3. Fee Exceptions


Collecting Evidence

• The alien will need to show:1. Proof of his or her identity

2. Proof of arrival before his or her 16th birthday

3. Proof of immigration status

4. Proof of education/military service

5. Proof of residence


Completing Forms

• The alien must complete the following forms:• Form I-821D (Consideration of Deferred Action for Childhood Arrivals)

• Form I-765 (Application for Employment Authorization)

• Form I-765WS (Worksheet)

• The fees for filing the forms and the biometrics is $465


Fee Exceptions

• To qualify for a fee exception, the alien must:1. Be under the age of 18, and

2. Have an income under 150% of the poverty level

• The alien also must:• Lack parental or familial support, or;• Be homeless, or;• Suffer from a chronic disability that causes the alien

to be unable to care for him or herself, or;• Because of medical expenses for the alien or an

immediate family member, have at least $10,000 in debt


What Immigration Status Is Given?

• No lawful status is given. DACA merely defers removal action for eligible aliens.

• However, DACA halts the accrual of unlawful presence for admissibility purposes.

• While deferred, an alien is considered to have lawful presence only for admissibility purposes and is not precluded from establishing a domicile in the United States


Does DACA Provide Work Authorization?

• Yes, DACA provides an Employment Authorization Card

• The alien must show an economic necessity for employment

• The alien can apply for a Social Security number after receiving work authorization


Can DACA Be Renewed?

• DACA applications can be renewed.• All renewals are done on a case-by-case basis• DACA applications can be renewed for up to two years

• When renewed, the alien can be provided with employment authorization if he or she shows economic necessity


Renewal Considerations• You Can’t File Too Early But You Can’t File Too Late!

USCIS recommends filing 120 days (4 months) before the current DACA expires.

If the Request is submitted earlier than 150 days before the current period expires, the application may be rejected.• New documents do not have to be submitted unless they

pertain to travel or criminal issues.• Filing fee remains the same.• Processing times may be long considering that USCIS will

be processing renewals as well as people who are filing for the first time


Consequences of filing too late• If you file too late, your DACA status will lapse.

• If you file for a renewal but the DACA status expires before you receive your renewal grant, you may• Start accruing unlawful presence again• Lose your ability to work with authorization until you receive an

approval of the renewal application and new employment authorization work permit.


Reasons Why You Might Need A Lawyer

• If since your initial grant of DACA, you have ever• TRAVELED• BEEN ARRESTED, CONVICTED, OR CHARGED WITH A

CRIMINAL OFFENSE

it would be in your best interest to consult with an immigration lawyer.

Filing for a renewal of DACA under these circumstances may in fact expose you to adverse consequences including referral to Immigration Court for removal proceedings.


Legal Issues That Need To Be Examined By An Immigration Attorney• Just because you have DACA does not mean that you

have permanent residence or that you are on a path to citizenship.

• Legal issues that need to be explored by an attorney with regard to your immigration status include but are not limited to:• False claims to US Citizenship• Inadmissibility• Deportability• Adjustment of Status• Travel and Advance Parole• MAVNI


For More Information on DACA

Please contact our office for more information on DACA and where to go from there.


190 Route 27

Edison, NJ 08820

(732) 516-1717

http://www.njimmigrationattorney.com

While we are in New Jersey, we can represent you anywhere within the United States on federal immigration matters.

http://www.njimmigrationattorney.com/