President Obama’s recent immigration reforms make it possible for children brought illegally to the U.S. to receive work authorization for a period of three years if they meet certain requirements. The Deferred Action for Childhood Arrivals (“DACA”) program allows qualifying individuals to avoid removal, even if removal proceedings are underway or the person has been ordered removed.

U.S. Immigration and Customs Enforcement (“ICE”) is in the process of changing its enforcement system to focus on high-priority, high-threat cases. The Department of Homeland Security will no longer pursue individuals who do not pose a threat to national security or public safety. Children who arrived in the U.S. before they turned 16 may qualify for protection under DACA.

In order to qualify for DACA individuals must meet certain requirements. The other requirements are as follows:

• You must have been present in the U.S. on January 1, 2010 and remained without absence through the time of your application.
• You must have been less than 16 years old at the time you entered the U.S.
• You must have had no 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.

Individuals who satisfy the above requirements may qualify for DACA. DACA does not provide individuals with either lawful residency or legal status, but will prevent removal actions. DACA protection will last up to three years and you may receive authorization to work during this time. You can also renew your DACA status if it is due to expire. If you qualify for DACA and wish to apply for DACA status in Union City, NJ or West New York, NJ, you need an experienced deferred action lawyer (abogado de DACA) who can ensure that you file a successful application. You only have one chance to properly file your DACA application. DACA will only review an application once. If you are denied, you will may not have a second chance. Don’t take a risk with your status. The Law Office of Eric M. Mark is a skilled DACA lawyer (abodago de acción diferida) in Union City, NJ and West New York, NJ.

DACA Facts

If you are facing removal or have a final removal order, you can still file for DACA. DACA confers special benefits upon individuals who receive it. For one, individuals who can demonstrate economic necessity will receive employment authorization if their DACA is approved. A skilled DACA lawyer can make a strong case to ensure that you demonstrate economic necessity and receive work authorization if you seek it.

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.

Certain travel may also affect individual’s ability to apply for DACA. Travel outside the U.S. subsequent to your first entry will not affect your status if the travel was brief, casual, and innocent. However, if you traveled outside the U.S. for a considerable period of time, due to an order of deportation, or for criminal activity, your DACA will not be approved. No one should travel outside the U.S. if you are requesting DACA or while your application is under review. DACA does not grant permission to travel, but after receiving DACA, it is possible to request permission to travel.

If you qualify for DACA, it is important to seek the help of a deferred action lawyer (abogado de acción diferida). A DACA lawyer will make sure your supporting documents and evidence are correct, thorough and complete, and that your application gets the approval it deserves. Contact the Law Office of Eric M. Mark today to get the process started.

Applying for DACA

Before you apply for DACA it is important to gather all required documentation. You will need:

• Proof of identity
• Proof that you arrived in the U.S. before your 16th birthday
• Proof of immigration status
• Proof of presence prior to January 1, 2010
• Proof of student status or honorable discharge from the military

A skilled DACA lawyer (abogado de DACA) can help you gather adequate documentation and ensure that your application is complete and correct. Because individuals only have one chance to correctly file a DACA application, seeking the advice and help of a lawyer is a prudent course of action. The Law Office of Eric M. Mark has experience helping individuals in diverse immigration situations. Contact our firm today to learn about how you can secure your ability to stay and work in the U.S.

For more information on DACA, click here.