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Deferred Action For Childhood Arrivals (DACA)

 

Deferred Action For Childhood Arrivals

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What is Deferred Action for Childhood Arrivals (DACA)?

On June 15, 2012, the U.S. government announced that certain people who came to the United States at a young age and meet certain criteria may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a form of prosecutorial discretion to defer removal action against an individual for a certain period of time.

The candidates for Deferred Action under this program are sometimes referred to as “DREAMers” named after the proposed Development, Relief, and Education for Alien Minor (DREAM) Act that has been pending in Congress for many years but never passed by both the House and the Senate.
At Valverde Law we believe in the DREAM and in DREAMERS and support Congressional initiatives that provide a permanent status for Dreamers and those eligible for DACA.

In September 2017, we were dismayed when the Trump administration moved to cancel DACA. However, fortunately after a series of federal court decisions, U.S. Citizenship and Immigration Services continues to accept applications of renewal of DACA only.

Who can apply for Deferred Action for Childhood Arrivals (DACA)?

Due to federal court decisions, U.S. Citizenship and Immigration Services (USCIS) is accepting applications from those who are renewing their Deferred Action for Childhood Arrivals (DACA) status. This includes those who may have let their DACA status lapse or expire.

To qualify for DACA initially, according to USCIS applicants must have met the following criteria:

• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching their 16th birthday;
• 15 years old at the time of application, unless subject to removal proceedings, a removal order, or an order of voluntary departure.
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making the request for deferred action;
• Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
• Were in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or were an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Can I travel outside the U.S. with DACA?

At this time, U.S. Citizen and Immigration Services (USCIS) is not issuing advance parole documents or travel permits to DACA recipients. Therefore, those with DACA should not leave the U.S.

Can I get a green card with DACA?

DACA in and of itself does not provide a person with a way to obtain a green card. However, there may be other ways under the law to obtain a green card for someone with DACA. For example, if you are the immediate relative spouse or child of U.S. citizen or lawful permanent residence you may be able to obtain a green card. To determine, if this is possible in your case, you should contact an immigration lawyer for a consultation.

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Valverde Law PLLC is an immigration law firm dedicated exclusively to U.S. Immigration and Nationality Law. Because we only practice immigration law, we can provide our clients with the experience and expertise to handle immigration cases, from the simple to the most complex. We are located in Virginia Beach, Virginia, where the historic Cape Henry lighthouse (pictured above) sits near the site of the “First Landing” of the first English immigrants to our shores. Even though we are based in Virginia Beach, our lawyers represent clients nationwide and worldwide in immigration matters.

At Valverde Law we believe immigrants make America great! What makes Valverde Law different from other firms is our approach to our cases which center around three values:

Educate – We value the importance of educating our clients and explaining immigration law in terms that they can understand so that our clients can make informed decisions about what is best for them.

Honesty – We value the importance of providing our clients with honest answers about their cases.

Expertise – We value the importance of providing our clients with the best possible legal representation in immigration law cases by dedicating our law firm exclusively to immigration law.

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Valverde is the real deal, he help us with two different cases and got absolutely positive results. I recommend him with all my trust and faith. Actually we will be bringing another family member to his representation pretty soon. He is the one to see!

Isabel Guzman

We have had excellent lines of communication and service from Hugo Valverde and would highly recommend him for your legal needs, especially in the area of immigration matters.

Stephen Ervin

Excellent lawyer! Got Results. Good and timely communication.

Raquelita Susena

Valverde is the real deal, he help us with two different cases and got absolutely positive results. I recommend him with all my trust and faith. Actually we will be bringing another family member to his representation pretty soon. He is the one to see!

Isabel Guzman

We have had excellent lines of communication and service from Hugo Valverde and would highly recommend him for your legal needs, especially in the area of immigration matters.

Stephen Ervin

Excellent lawyer! Got Results. Good and timely communication.

Raquelita Susena

Valverde is the real deal, he help us with two different cases and got absolutely positive results. I recommend him with all my trust and faith. Actually we will be bringing another family member to his representation pretty soon. He is the one to see!

Isabel Guzman

We have had excellent lines of communication and service from Hugo Valverde and would highly recommend him for your legal needs, especially in the area of immigration matters.

Stephen Ervin

Excellent lawyer! Got Results. Good and timely communication.

Raquelita Susena