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Deferred Action for Childhood Arrivals (DACA) Work Permit

DACA Attorney in San Jose

Deferred action is a discretionary determination to defer removal action of an individual as act of prosecutorial discretion, which does not confer lawful status upon an individual. Additionally, although an alien granted deferred action will not be considered to be accruing unlawful presence in the U.S. during the period when deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence. Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action.

Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency. If you are interested in learning more about the DACA program or deferred action in general and how it affects you, a San Jose immigration attorney from Verma Law Firm can sit down with you to explain. We can help you determine whether this is an appropriate avenue for you to get a work permit.

Deferred Action for Childhood Arrivals (History)

The Secretary of Homeland Security Janet Napolitano announced on June 15, 2012 that effective immediately, certain young people who were brought to the U.S. as young children did not present a risk to national security or public safety, and therefore, if they meet several key criteria, they would be considered for relief from removal from the country or from entering into removal proceedings. As a result, those who demonstrated that they met the criteria were eligible to receive deferred action for a period of two (2) years, subject to renewal, and were eligible to apply for work authorization.

On September 05, 2017 the Trump administration announced plans to end the DACA program. At that time USCIS immediately stopped accepting new applications for DACA but allowed any DACA recipients with a permit set to expire before March 05, 2018 the opportunity to apply for a renewal of their existing DACA work permit as long as they applied by October 05, 2017. The Trump Administration made plans to end the program completely on March 05, 2018. As of that date, DACA recipients would lose their deferred action status and their work permits would be considered null and void.

Current Status of DACA

Due to federal court order issued on January 09, 2018, and February 13, 2018, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.

DACA eligibility Requirements (currently):

  • Applicant came to the United States under the age of sixteen;

  • Has continuously resided in the United States since June 15, 2007 and was present in the United States on June 15, 2012;

  • Is currently in school, has graduated from high school, has obtained a general education development certificate, or was an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

  • Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise posed a threat to national security or public safety;

  • Applicant was under the age of 31 as of June 15, 2012.

  • Applicant previously applied for and had an approved Deferred Action Status through DACA on or before September 05, 2017.

Individuals who were previously granted deferred action under DACA may request renewals of their DACA status, however USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.

Please Note* USCIS Will Not Accept or Approve Advance Parole Requests from DACA Recipients at this Time.

If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request.

If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal, but may nonetheless file a new initial DACA request.

If you currently have DACA and are interested in requesting a renewal or if you have had DACA in the past and want to submit a new application, please contact us at (408) 560-4622 to set up an appointment for a case consultation.

Deferred Action Process & DACA Articles

Please visit the cites listed below to learn more about DACA:

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