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Protecting The Rights Of Immigrants Nationwide

DACA Attorney in San Jose

Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) enables undocumented immigrants who entered the United States as children to continue to live and work in the country through deferred action and work permits. Our DACA lawyer in San Jose can help you understand the program, whether you qualify, and how to obtain and protect your benefits.

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.

History of DACA

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 5, 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.

Numerous legal objections and resulting court rulings, including a decision from the Supreme Court, derailed the Trump administration's dismantling effort. The functionality of the DACA program remained limited, however. New applications continued to not be accepted, and in July of 2020, the 2-year deferred action and work permit periods were reduced to 1-year terms.

A December 4th, 2020 U.S. District Court decision ordered the full restoration of the DACA program prior to the beginning of the Trump administration's termination effort. The Department of Homeland Security complied with the decision, and, as of December 7th, 2020, the agency is now accepting new applications for DACA for the first time in several years. 2-year deferred action and work authorization terms have also been restored, and DACA recipients can now once again request advance parole for international travel.

Current Status of DACA

Due to federal court order issued on December 4th, 2020 and enacted on December 7th, 2020, USCIS has resumed accepting new applications for grants of deferred action under DACA as well as requests to renew existing grants. 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 consist of the following criteria:

  • 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.

Individuals who were previously granted deferred action under DACA may continue request renewals of their DACA status for the historically issued 2-year terms. Those who received 1-year renewals under previous rules will automatically have their grants of deferred action and work authorizations extended to 2-year terms without any additional action. It should also be again emphasized that, for the first time several years, USCIS is accepting requests from individuals who have never before been granted deferred action under DACA. Advance parole requests for international travel are also being accepted and granted at this time.

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. Our DACA attorney in San Jose is prepared to help you overcome any challenges you might face.

Deferred Action Process & DACA Articles

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

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