The U.S. immigration and enforcement system is undergoing a great transition. The Department of Homeland Security (“DHS”) has undertaken an effort to focus immigration enforcement on individuals who pose a risk to national security and on those who are a risk to public safety. Violent criminals, repeat offenders, and felons will still be subject to increased scrutiny and possible deportation. Yet, the Department of Homeland Security, U.S. Citizenship and Immigration Services (“USCIS”) and Immigration and Customs Enforcement (“ICE”) will not expend resources on low-priority individuals or on individuals who came to the U.S. as children. Individuals may be entitled to protection under the new executive action and employment authorization, if they meet certain requirements. DACA affords individuals protection for up to three years and can be renewed.

In order to qualify for DACA you must:

• You must have been present in the U.S. on June 15, 2007 and remained without absence through the time of your application.
• You must have been less than16 years old at the time you entered the U.S.
• You must have had not lawful immigration status on June 15, 2012
• You must have been completed high school in the U.S., currently be a student, hold a GED, be attending GED classes or have received honorable discharge from the U.S. Armed Forces or Coast Guard.
• You also must demonstrate that you have committed no felonies, a serious misdemeanor, or three or more misdemeanors, and be able to demonstrate that you are not a threat to U.S. national security.

If you meet all of the above requirements, you may qualify for DACA. It is important to note that DACA does not provide lawful residency or legal status, but only defers removal actions by the DHS. DACA protection can last up to three years and you may be provided authorization to work. If you meet the guidelines for filing DACA, and would like to file in Newark, NJ or Jersey City, NJ you need a DACA lawyer who can ensure that you have collected the proper documentation to show you meet the guidelines. A qualified lawyer can help you file a successful DACA application. If your DACA application is not approved, you are not granted a second chance to file. It is important that you file for DACA correctly, the first time. Don’t take a risk with your status. A DACA lawyer can make sure that your application is correct. The Law Office of Eric M. Mark is skilled in immigration and in DACA law and can help you complete a successful DACA application.

Abogado de DACA in Newark, NJ and Jersey City

Un abogado de acción diferida puede ayudarte en Newark, NJ y Jersey City. Deferred action, while it will not confer you legal status, will allow you to defer a removal action. Individuals who can demonstrate an economic necessity to be employed while in the U.S. may be eligible to receive employment authorization to work in the U.S. If you are facing removal or are concerned about your legal status and meet the qualifications for DACA, you may be entitled to receive work authorization in the U.S. A deferred action lawyer can help you make a strong case to demonstrate economic necessity, making it more likely that you will receive authorization to work in the U.S. during the period of DACA. Even if you are currently in removal proceedings or if you have a final removal order, you can still apply for DACA, if you qualify. Even if you are in immigration detention, you can send your DACA application to USCIS or notify ICE of your eligibility. If you qualify for DACA, contact the Law Office of Eric M. Mark today to secure your current status in the U.S. under DACA.

Can the Information I Send for Deferred Action Be Used for Immigration Enforcement Purposes?

Individuals who file for DACA sometimes express concern that the information they provide to USCIS will be used against them for removal proceedings or for the removal of their families. For qualifying applicants there is nothing to fear. Only persons submitting false information or who are not qualified due to criminal history or due to being a threat to national security need to be concerned about referral to ICE for removal proceedings.

How do I Apply for DACA?

Individuals who qualify for DACA should gather all supporting documentation and then will have to complete a USCIS form I-821D, I-765, and I-765WS. Documents that are required include:

• Proof of your identity (passport, birth certificate, school or military ID, or U.S. immigration document with name and photo)
• Proof that you came to the U.S. before your 16th birthday (school records, stamped passport, travel records, hospital records, employment records, money orders for money sent out of the country, bank transactions with dates, tax or insurance policies)
• Proof of immigration status
• Proof of presence in the U.S. prior to January 1, 2010 (rent, utility bills, school records, military records, automobile license or registration, rent, mortgage, tax or insurance records)
• Proof of student status or proof of honorable discharge from the military

It is important that you ensure that your documents are complete and that the applications for DACA are completed thoroughly in order to secure your status. If USCIS does not grant you DACA, you will not be able to appeal the decision. You only have once chance to complete a successful application. It is incredibly important that you file your application correctly and properly send supporting documents. The Law Office of Eric M. Mark can ensure that you have gathered adequate documentation and make sure that you file a successful application.