Deferred Action for Childhood Arrivals (DACA)

Deferred Action is a new process in place for certain young people who can show that they do not pose a risk to national security and meet additional, specified criteria. Those who qualify, will received “Deferred Action,” which means that individuals who hold this status will have a two-year reprieve from deportation, and if approved, they will receive a two-year work permit that will be subject to renewal. It is recommended that those who wish to apply for DACA relief employ the help of an experienced Austin immigration lawyer. Individuals who are denied deferred action do not have the ability to appeal.

What are the eligibility criteria for DACA?

  1. You must be at least 15 years of age in order to apply for this benefit;
  2. You must have been under the age of 31 on June 15th, 2012;
  3. You must have arrived in the United States before your 16th birthday;
  4. You must show that you continuously resided in the United States for 5 years prior to June 15th, 2012;
  5. You must show you were physically present in the United States on June 15th, 2012;
  6. On the date of the application, you must show you are in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or received honorable discharge from the U.S. military.
  7. Those who did not complete high school but enroll in GED classes, provided they meet the above qualifications, may also obtain deferred action status.
  8. You must show that you do not pose a threat to national security by showing you have no felony convictions, significant misdemeanors, or three or more misdemeanors.
    1. Depending on the case, some criminal activities pose automatic criminal bars to Deferred Action. Other offenses, do not lead to automatic disqualification. However, any criminal history can result in discretionary denial. You must discuss the particulars of your case with a licensed immigration lawyer.

Documentation used to establish that an individual has fulfilled the continuous residence requirement must be complete and accurate. This is key for obtaining deferred action status. For DACA relief, affidavits cannot be used to prove the educational or military service requirements, physical presence on June 15th, 2012, arrival in the U.S. prior to age 16, the under-31 age requirement, or criminal history. However, affidavits can be used to show brief, casual, and innocent departures from the United States.

When You Should Hire An Attorney For Your Deferred Action Case?

The application process for Deferred Action started on August 15th, 2012. Those who are eligible can apply for relief now. There are still uncertainties about the program in terms of how long it will be available. If you think you meet the criteria, you should consult with a lawyer who can review your individual case with you.

Given the number of requirements and documents that must be submitted for consideration before being granted this benefit, it is recommended that you hire the help of a qualified immigration attorney.

If you or someone you know is interested in applying for Deferred Action relief, Austin, Texas immigration attorney Daniella Lyttle of the Lyttle Law Firm can help. Ms. Lyttle has helped many clients with U.S. immigration matters, and she can provide Deferred Action clients with valuable advice in this area.

Immigration law is federal law and we can help clients nationwide. We offer both in-person and telephonic consults for your convenience.

The Lyttle Law Firm can give you and your family members peace of mind in undertaking Deferred Action relief. Once hired, the Lyttle Law Firm will guide you and represent you through the DACA process from beginning to end. We keep our clients well informed to reduce stress and increase chances of approval. If you need assistance obtaining Deferred Action status, contact the Lyttle Law Firm.