The Deferred Action for Childhood Arrivals (DACA) is back! The Department of Homeland Security (DHS) was ordered to fully restore the original DACA program last December 4, 2020. USCIS will oversee the DACA applications and approvals. So, if you are a DACA recipient, first time applicant or your application was canceled previously, please contact us today to get help with application.

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What is DACA?

DACA or the Deferred Action for Childhood Arrivals is a US government relief for young undocumented immigrants from deportation. Those who came to the United States when they were children are the eligible recipients of this program. When approved, DACA recipients will be given protection from deportation and a work permit.

The US Citizenship and Immigration Services (USCIS) is the primary government agency tasked to implement the DACA Program. As of December 7, 2020, USCIS will start to:

  • Accept first-time requests for DACA consideration;
  • Accept DACA renewal requests;
  • Accept applications for advance parole documents;
  • Grant an additional one year deferred action under DACA to two years; and
  • Extend an additional year employment authorization under DACA to two years.

How we can help

We will help you prepare your application per your request, and submit it with express mail to the US Department of Homeland Security. Our dedicated team will make sủre your application is complete at the fastest possible and most accurate. We are also providing assistance even after your application is done.

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DACA Eligibility

  • Undocumented immigrants born after June 15, 1981;
  • Arrived to the US before their 16th birthday;
  • Physically present in the US on June 15, 2012 and when applying for DACA;
  • Have continuously resided in the U.S. since June 15, 2007 until the present;
  • Had no lawful status on June 15, 2012;
  • Meet certain educational requirement or were honorably discharged from the U.S. Armed Forces; and
  • Have not been convicted of any crimes.
Todd Ly
Kirstin W. Everton
What is deferred action?

Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence. 

What is DACA?

Deferred Action for Childhood Arrivals (DACA)

A policy created by the Obama Administration in 2012 to protect certain undocumented individuals from deportation, who arrived in the US as children. DACA recipients are given work authorization, a social security number and a state-issued identification or driver’s license. However, DACA does not grant permanent US residency.

Is there any difference between “deferred action” and DACA under this process?

DACA is one form of deferred action. The relief an individual receives under DACA is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion. 

If my removal is deferred under the consideration of DACA, am I eligible for employment authorization?

Yes. Under existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.

If my case is deferred, am I in lawful status for the period of deferral?

No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful status.

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, your period of stay is authorized by the Department of Homeland Security while your deferred action is in effect and, for admissibility purposes, you are considered to be lawfully present in the United States during that time. Individuals granted deferred action are not precluded by federal law from establishing domicile in the U.S.

Apart from the immigration laws, “lawful presence,” “lawful status” and similar terms are used in various other federal and state laws. For information on how those laws affect individuals who receive a favorable exercise of prosecutorial discretion under DACA, please contact the appropriate federal, state or local authorities.

Can I renew my period of deferred action and employment authorization under DACA?

Yes. You may request consideration for a renewal of your DACA. Your request for a renewal will be considered on a case-by-case basis. If USCIS renews its exercise of discretion under DACA for your case, you will receive deferred action for another two years, and if you demonstrate an economic necessity for employment, you may receive employment authorization throughout that period.

Is the DACA program in effect today?

DACA is back!

The DACA program is fully restored as of December 4, 2020 to its pre-September 2017 status. Remember that it was cancelled before by the Trump administration but the latest court ruling restored DACA.

DACA is now open for initial and renewal requests from applicants who have previously been applying for DACA. Individuals who have been previously approved for DACA will be granted additional two years. Moreso, DACA recipients can request Advance Parole for education, employment, and humanitarian reasons.

Can I apply for DACA for the first time?

DACA for first-time applicants

If you are eligible for the program, you can apply for DACA even if it is your first time. You don’t have to be previously granted DACA to be allowed access to the program. Please contact us for assistant.

When should I file for DACA renewal?

DACA renewals

DACA grantees can apply for renewal. They are recommended by the USCIS to submit renewal requests between 120 to 150 days (4 to 5 months) before their current DACA expires.

Who is eligible for DACA Renewal?

An individual may be considered for renewal of DACA if he or she met the guidelines for consideration of initial DACA and meets all the following guidelines:

  • Did not depart the United States on or after August 15, 2012 without advance parole;
  • Has continuously resided in the United States since he or she submitted his or her most recent request for DACA that was approved up to the present time; and 
  • Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.
Filing fees and documents needed
  • $495 via check, money order, or credit card
  • A photocopy of your last Employment Authorization Card (front and back).
  • Depending on your specific answers on the forms, certain individuals may have to submit additional supporting documents.
When you can renew DACA?

It is recommended that DACA renewal application is filed five months before the expiration date. USCIS may reject applications submitted sooner than five months. However, due to the long processing time, submit your application package (all three forms) no less than four months before the expiration date. 

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