Dayzad Law Offices helps young people who came to the United States as children apply for the new immigration program, Deferred Action for Childhood Arrivals (DACA). Since Congress did not pass the DREAM Act, the Obama Administration has instead used its executive powers to help deserving, undocumented youth (AKA “Dreamers”).
Deferred action is a temporary shield against deportation, allowing qualified individuals to live lawfully in the U.S. for two years and it is renewable. Importantly, applicants who are granted deferred action will also be able to apply for U.S. work authorization and likely driver’s licenses. This policy may also be a good opportunity for employers to obtain work authorization for any undocumented individuals in their work force and minimize the company’s exposure for I-9 violations. We will evaluate the details of your case and determine a strategy that works for your specific immigration situation. Other tips to keep in mind:
DACA does not allow applicants to appeal the government’s decision to deny a petition—make sure that your one and only chance to file a DACA application is a strong one.
Misrepresentations or failure to disclose information on a DACA application can have serious consequences.
According to the Department of Homeland Security, applicants who make these mistakes “will be treated as an immigration enforcement priority to the fullest extent permitted by law, and be subject to criminal prosecution and/or removal from the United States.” Make sure your DACA application is squeaky clean!
There are both short- and long-term consequences of filing a DACA application. Fortunately, information regarding a DACA applicant’s family members is kept confidential and in most cases will not be used to deport the family member. The strategy for when to submit a DACA application can be important. For example, under existing immigration laws, qualified individuals could avoid future legal problems by submitting their requests prior to their 18th birthday and receiving approval no later than 180 days after their 18th birthday.
During the processing of your application, the government will contact you directly about any problems with the application. However, if you are represented by a licensed attorney, the government will contact your attorney instead of you.
Be smart and think about your comprehensive immigration strategy for the future—not just one DACA application.