DACA

Watch Our YouTube Channel Free Legal Videos

DACA: Is It Worth Applying Now?

07 May 2021

Author: New York Immigration Lawyer Alena Shautsova

New York Immigration lawyer Alena Shautsova helps clients to address the Immigration challenges they face and plan for the successful immigration future in the United States.

DACA or deferred action for childhood arrivals was first introduced to the United States Immigration system back in 2012 when President Obama decided to help certain undocumented children to be saved from deportation. The program’s qualifications were pretty straightforward and designed for undocumented immigrants who entered the country before the age of 16 and graduated from a U.S. high school, are currently in a qualifying educational program, or served in the U.S. military. Minor criminal past will not bar individuals form receiving DACA, as well as past orders of deportation. Individuals granted DACA are protected from physical removal and may obtain permission to work for two years, with the possibility of renewal. In addition, an individual granted DACA, may be able to qualify and obtain an advance parole document, that would help him/her to successfully travel internationally and return back to the United States.

The problem with DACA is that almost ten years later, it still has the same deadlines and qualifications as as to when it was first announced. For example, a new applicant for DACA, would still have to show that he/she entered the United States and continuously resided in the United States from June 15, 2007, and as of June 15, 2012, a person was under the age of 31. Today, the qualifying adults are close to forty years old. The established deadlines were never changed.

Nevertheless, there still exist a considerable amount of persons who never applied for DACA even though they qualified for it. Some did not apply due to fear of being “discovered”, some because they could not prove they resided in the United States since a certain date, and some because of lack of meeting the educational requirements.

The DACA program was set to be discontinued by the Trump administration, but so far, it has not been, and in fact it was restored to its full force. Now, the question is if it is till worth filing for it, if let’s say, you have never filed for it, and you meet the qualifications?

If I had to answer it for a client, I would say: absolutely. You may be working in the United States already, without a proper authorization, and may not see the need to obtain one, but DACA provides more than just a work permit. It gives a sure protection from the physical removal. Additionally, there is a strong possibility that if a person has a DACA status, he/she may qualify for one of the proposed Immigration reform plans. There is an indication in the proposals that if a person has a DACA status, he/she will be able to immediately file for a residency (unlike those who do not have DACA and whose path to US citizenship may have to be much longer). DACA can be used to stop deportation or removal proceedings. A DACA beneficiary, may also be able to help his/her spouse to qualify for the Immigration reform, when it passes (some proposals indicated that a spouse of a Dreamer will not have to independently meet the requirements for Immigration reform). Importantly, a person who has DACA does not accumulate unlawful presence in the United States, and if he/she received DACA prior to the 18 th birthday, he/she will not be subject to unlawful presence bars at all.

A couple of thing to keep in mind when collecting documents for the initial DACA application:

DACA qualifications sounds straightforward, yet, in many instances, it is not so easy to determine if a person will qualify for it or not. If you need help determining DACA qualifications, reserve a confidential appointment at 917 885 2261. (Consultation fees apply).

Stay Connected and learn the latest news and updates on U.S. Immigration:

We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.