DACA Basics and Renewal

DEFERRED ACTION FOR
CHILDHOOD ARRIVALS
Lee and Garasia, LLC
190 New Jersey 27,
Edison, NJ 08820
(732) 516-1717

TOPICS FOR DISCUSSION
• What is Deferred Action?
• What re the requirements to qualify?
• How do I renew Deferred Action?
• What should I know before I renew?
• When should I talk to a lawyer?

What is DACA?
• Enacted June 15th, 2012
• Deferred Action for Childhood Arrivals
(DACA) is the use of prosecutorial
discretion by Homeland Security to defer
the removal of certain people who entered
the United States as children and who
would otherwise be removable

DACA Eligibility Requirements
1. Age requirements
2. Timeframe requirements
3. Education and military requirements
4. Criminal requirements

Age Requirements
• Aliens not in removal proceedings or with
terminated removal proceedings:
• At least 15 and under 31 years old at the time
of the request
• Aliens in removal proceedings, with a final
removal order, or a voluntary departure
order:
• Under the age of 31 years old with no minimum
age limit.

Timeframe Requirements
• As of June 15th, 2012, the alien must:
• Be under 31 years of age
• Be physically present in the United States
• Be without lawful status since June 15th,
2012
• When the request is filed:
• The alien must have arrived in the United
States before his or her 16th birthday
• The alien must be physically present in the
United States

Education and Military Requirements
• Either earned a:
• High school diplomacy
• Secondary school diploma
• General education development certificate
(GED)
• Or is:
• Currently enrolled in school
• Honorable discharged from the armed forces

Criminal Requirements
• The alien cannot have been:
• Convicted of any felonies,
• Convicted of any series misdemeanors,
• Convicted of three or more misdemeanors (not
occurring on the same date and not based from
the same deed)
• The alien cannot pose a threat to either
national security or public safety

Filing Process
1. Collect evidence
2. Complete forms
3. Fee Exceptions

Collecting Evidence
• The alien will need to show:
1. Proof of his or her identity
2. Proof of arrival before his or her 16th birthday
3. Proof of immigration status
4. Proof of education/military service
5. Proof of residence

Completing Forms
• The alien must complete the following
forms:
• Form I-821D (Consideration of Deferred Action
for Childhood Arrivals)
• Form I-765 (Application for Employment
Authorization)
• Form I-765WS (Worksheet)
• The fees for filing the forms and the
biometrics is $465

Fee Exceptions
• To qualify for a fee exception, the alien must:
1. Be under the age of 18, and
2. Have an income under 150% of the poverty
level
• The alien also must:
• Lack parental or familial support, or;
• Be homeless, or;
• Suffer from a chronic disability that causes the alien
to be unable to care for him or herself, or;
• Because of medical expenses for the alien or an
immediate family member, have at least $10,000 in
debt

What Immigration Status Is Given?
• No lawful status is given. DACA merely defers
removal action for eligible aliens.
• However, DACA halts the accrual of unlawful
presence for admissibility purposes.
• While deferred, an alien is considered to have
lawful presence only for admissibility purposes
and is not precluded from establishing a
domicile in the United States

Does DACA Provide Work Authorization?
• Yes, DACA provides an Employment
Authorization Card
• The alien must show an economic necessity for
employment
• The alien can apply for a Social Security
number after receiving work authorization

Can DACA Be Renewed?
• DACA applications can be renewed.
• All renewals are done on a case-by-case basis
• DACA applications can be renewed for up to two
years
• When renewed, the alien can be provided with
employment authorization if he or she shows
economic necessity

Renewal Considerations
• You Can’t File Too Early But You Can’t File Too Late!
USCIS recommends filing 120 days (4 months) before the
current DACA expires.
If the Request is submitted earlier than 150 days before the
current period expires, the application may be rejected.
• New documents do not have to be submitted unless they
pertain to travel or criminal issues.
• Filing fee remains the same.
• Processing times may be long considering that USCIS will
be processing renewals as well as people who are filing
for the first time

Consequences of filing too late
• If you file too late, your DACA status will lapse.
• If you file for a renewal but the DACA status expires
before you receive your renewal grant, you may
• Start accruing unlawful presence again
• Lose your ability to work with authorization until you receive an
approval of the renewal application and new employment
authorization work permit.

Reasons Why You Might Need A Lawyer
• If since your initial grant of DACA, you have ever
• TRAVELED
• BEEN ARRESTED, CONVICTED, OR CHARGED WITH A
CRIMINAL OFFENSE
it would be in your best interest to consult with an immigration lawyer.
Filing for a renewal of DACA under these circumstances may in fact
expose you to adverse consequences including referral to
Immigration Court for removal proceedings.

Legal Issues That Need To Be Examined
By An Immigration Attorney
• Just because you have DACA does not mean that you
have permanent residence or that you are on a path to
citizenship.
• Legal issues that need to be explored by an attorney with
regard to your immigration status include but are not
limited to:
• False claims to US Citizenship
• Inadmissibility
• Deportability
• Adjustment of Status
• Travel and Advance Parole
• MAVNI

For More Information on DACA
Please contact our office for more information on DACA
and where to go from there.
190 Route 27
Edison, NJ 08820
(732) 516-1717
http://www.njimmigrationattorney.com
While we are in New Jersey, we can represent you
anywhere within the United States on federal immigration
matters.

DACA Basics and Renewal

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