DACA Attorneys in New Bern

What Is DACA? Understanding the Deferred Action for Childhood Arrivals.

Introduced in June of 2012 by President Barack Obama, the Deferred Action for Child Arrivals, or DACA, is a policy meant to grant undocumented immigrants who entered the United States as young children reprieve from deportation efforts. Eligible applicants can obtain a two-year, renewable period of deferred deportation proceedings. The program has given hundreds of thousands of non-citizens the opportunity to remain and work in the country.

Assuming their status is kept current and active, the DACA effectively protects eligible immigrants unlawfully present in the country from being deported for an indefinite period of time. It also crucially opens the door to obtaining a work permit within the United States. However, unlike a green card, the DACA does not include a path to permanent citizenship. They also face significant hurdles to traveling outside the country, especially in light of recent changes made by the Trump administration.

Who Is Eligible for DACA?

Strict, highly specific rules determine who can apply for DACA status, and, due to the nature of the restrictions, the number of eligible candidates has not grown since the program’s debut in 2012. It is important to note that meeting the key requirements does not guarantee acceptance into the program.

To qualify for DACA status, you must meet each of the following criteria:

• Have been unlawfully present in the United States prior to your 16^th birthday
• Have lived continuously in the country since June 15, 2007
• Were born on June 16, 1981 or later
• Were present in the country both on June 15, 2012 as well as at the time of DACA application submittal
• Have no lawful status as of June 15, 2012
• Have not been convicted of a felony, serious misdemeanor, or three or more misdemeanors
• Have completed at least a high school education or GED, have been honorably discharged from the military, or are presently enrolled in school
• Do not pose a threat to the nation or its public’s security

If you meet all of the above requirements, you can apply for DACA consideration by submitting the following to the United States Citizenship and Immigration Services (USCIS):

• Consideration of Deferred Acton for Childhood Arrivals (I-821D)
• Application for Employment Authorization (I-765)
• I-765WS Worksheet
• Any supporting documentation to help verify your eligibility

How Has DACA Changed?

The DACA has undergone a number of attempted changes since its enaction in 2012. President Obama’s effort to expand the program in 2014 was met with stiff resistance from Republican-controlled states, ultimately resulting in a split United States Supreme Court failing to reach a decisive verdict. The lower appellate court’s decision to enjoin the expansion stood.

In a recent decision, the Supreme Court ruled that President Donald Trump cannot rescind the DACA program, at least not based on the inadequate justification made in his administration’s case. In other words, DACA beneficiaries continue to be protected from deportation, and eligible immigrants can continue to apply. The Court did signal the Trump administration could attempt to end the program through some other legal maneuver. However, some have theorized any further DACA challenges may be delayed until after the 2020 presidential election.

Have Questions About the DACA? Let Us Help.

The DACA program is one of many legal mechanisms that can help keep immigrant families together in the United States. We at The E.A. Wood Law Firm have helped families all over the world find legal solutions to their immigration problems. If you are confused about your eligibility for DACA or need assistance preparing your application documentation, we can help.

Do not delay in taking steps to protect your American dream. Call (800) 611-0821 or contact us online to request a consultation.