On June 15, 2012, the Obama Administration announced a new policy of Deferred Action for Childhood Arrivals, which is now being referred to as “DACA.” Under this program, the government will defer, or not seek to deport/remove, (and grant work authorization to) certain individuals who were brought to the US at a young age.
Although the USCIS started accepting DACA applications as of August 15, 2012, many people were reluctant to apply, in case Mitt Romney was elected president. This is because Romney had stated that, if elected president, he would rescind or no longer continue the DACA program. So, many people thought to themselves, “Why should I apply for DACA now with the election so close, and spend all that money, because if Romney is elected president, what happens to my DACA benefits?” Well, Romney was not elected president. Barack Obama was reelected, which means that the DACA program will continue. So, if you were waiting for the election results, they are out, and now you can apply for DACA (if eligible), without worrying about its future.
The basic eligibility requirements for DACA applicants are:
Was under the age of 31 as of June 15, 2012, meaning was born on or after June 15,1981;
Came to the US before reaching his or her 16th birthday, meaning they were 15 or younger when they came to the US;
Arrived in the US no later than June 15, 2007 and continuously resided in the US through June 15, 2012, meaning the person resided in the US for at least five years before June 15, 2012;
Was physically present in the US on June 15, 2012, and at the time of making a request for consideration of deferred action with USCIS;
Entered the US without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012, meaning they snuck across the border or were out of status as of June 15, 2012;
Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the US;
Has not been convicted of certain crimes, such as a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
I know that many people may be asking themselves, “Do I really need an attorney to help me apply for DACA? Or can I just do it myself, and see what happens?” While people can certainly prepare and file their own DACA requests, there are several things to consider, in connection with the decision to hire an attorney
An attorney can help you gather and assemble the necessary documents establishing your eligibility, proving, among other things: your physical presence in the US on June 15, 2012; five years of continuous residence in the US, since June 2007, etc. You want to make sure that you are submitting correct and verifiable documentation, and that you do not inadvertently submit documentation that may harm your case, or that the documents you submit are true, genuine, and authentic. (Any fraud in applying could result in instant denial and possible referral to ICE for removal.)
You cannot file an appeal or motion to reopen or reconsider if your DACA case is denied, (except if your case was denied for (1). Failing to respond to a Request for Evidence (RFE) but you have proof that you had timely responded, or (2). If an RFE was sent to the wrong address.) Thus, it would seem that a request for DACA is a one-time, one-shot filing. If you do it on your own, and get it wrong, and the case is denied, you may not then be able to undo the damage, because you had used up your one chance.
Now that the election is over, and DACA will survive, if you believe you are eligible for DACA, you should definitely seek the advice and assistance of an attorney to make sure you are eligible, and to increase your chances of success.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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