Phoenix Immigration LawyerDeferred Action for Childhood Arrivals (DACA)
DACA Immigration Lawyer
The Deferred Action for Childhood Arrivals (DACA) began in 2012 in an effort to protect people who arrived in the United States as children from being deported because they were undocumented. As written, DACA provided certain people with a 2-year deferment from being deported, as well as work authorization for a limited period of time. In this way, individuals who came to the country as children – and presumably had no input in the process by which they entered the US – were given a chance to apply to become lawful permanent residents.
What is the Current Status of DACA?
Since DACA was established in 2012, administrations have changed, court decisions have been handed down, and DACA immigration is going through an uncertain time. With the most recent court decision finding that the DACA policy is illegal, no new DACA requests are being granted by the Department of Homeland Security (DHS). However, DHS is accepting new DACA requests for filing. In addition, existing DACA cases, along with DACA work authorizations, are being accepted for renewal. The court ruling, however, prohibits DHS from approving new applications or even from processing them.
How Do I File an Application for DACA?
In order to file a request under DACA, you need to meet the requirements set forth when the program was established. Those requirements include, among others, being within the covered age bracket (under 31 years of age as of June 15, 20 and came to the United States when they were under the age of 16); residency (continuously resided in the US from 2007 to the present time); not having been convicted of various specified criminal offenses (felonies and significant misdemeanors, or 3 or more lesser misdemeanors); and numerous other requirements. As noted above, however, DHS is not currently permitted to process these applications.
How Do I File for DACA Renewal?
DACA protection lasts for 2 years and must be renewed before the expiration of that time period. It is important to begin the renewal process months in advance of the expiration date since processing time can be lengthy. If you do not file for renewal in a timely manner, the deferment period could expire before a decision on your application is made. The standard recommendation has been that you should file for renewal at least 120 days, and as many as 150 days, prior to the expiration date. The renewal process includes preparing and submitting numerous forms, as well as a filing fee of $495. However, processing times differ among the various USCIS centers that manage DACA renewal applications. Accordingly, we recommend filing for renewal at least 150 days prior to the expiration date.
What Happens If DACA Renewal is Delayed?
The DACA process is complex, and renewal applicants are understandably concerned about delays that may affect the timing of a decision on their renewal application. You can monitor your application on the internet through the USCIS website. In addition, inquiries can be submitted to the National Customer Service Center if your application has been pending longer than the normal wait time. There is also a USCIS Ombudsman’s Office that may be able to help.
Our recommendation, however, is that you contact an experienced Phoenix immigration attorney to explore the reasons for the delay, and how best to speed up the process and have your application for renewal granted.
DACA Attorney in Phoenix
The recent DACA court ruling has led to much confusion over the future of the law, and the status of those who are or were eligible for DACA relief. We do understand that people may be hesitant to hire an attorney. On the other hand, you may only have one chance to get your DACA status renewed, and it is obviously important that anything you submit to USCIS be accurate and complete. An experienced immigration lawyer can provide the knowledge and information you need to see that your papers are properly filed in a timely manner.
In addition to helping with DACA filings, it is now more important than ever that you learn whether there are other immigration benefits that may apply to you, and how best to go about achieving them. Simply stated, even if you are a new DACA applicant, and your application is in a holding pattern, our firm can tell you whether you may fall within another category that could lead to obtaining a green card. Call us if you need information about DACA or any other immigration issues.
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Castañeda Immigration Law: The content on this website is for general information purposes only. Nothing here should be taken as legal advice for any case or situation. This information is not meant to create, or viewing this content does not constitute, an attorney-client relationship.
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