This program is oriented for children who arrived in the country before June 2012 and who did not have legal status in the country.

The Deferred Action for Childhood Arrivals (DACA) allows them to obtain a work permit for a period of two years.

The Department of Homeland Security established that this benefit deferred them from removal action or placing them in removal proceedings or being removed from the United States for a specified period.

At this time, U.S. Citizenship, and Immigration Services (USCIS) is processing renewals but also applications for the first time, if they comply with the requirements established in the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order.

 

Overview of DACA

The Deferred Action for Childhood Arrivals (DACA) program is designed for individuals who arrived in the United States as children before June 2012 and lack legal status. DACA allows eligible individuals to receive a renewable two-year work permit and protection from deportation.

 

How We Can Help

At Elliott Immigration Law LLC, we provide comprehensive support for DACA recipients and applicants. Our team in Atlanta, Georgia, is dedicated to helping you navigate the complexities of the DACA program, ensuring that you meet all requirements and submit complete and accurate applications. Contact us today to learn how we can assist you with your DACA needs.

Understanding DACA

Eligibility Requirements

To be eligible for DACA, applicants must meet the following criteria:

1. Age Requirements: Arrived in the U.S. before their 16th birthday and were under 31 as of June 15, 2012.
2. Residency Requirements: Have continuously resided in the U.S. since June 15, 2007.
3. Education Requirements: Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
4. Criminal History: Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.

 

Application Process

 

Step 1: Gather Necessary Documentation

Applicants must gather documentation to prove their identity, age, continuous residence in the U.S., and educational or military service status. Key documents include:

• Birth certificate or passport
• School records
• Medical records
• Employment records
• Military service records

 

Step 2: Complete and Submit Forms

Applicants must complete and submit the following forms to USCIS:

• Form I-821D: Consideration of Deferred Action for Childhood Arrivals
• Form I-765: Application for Employment Authorization
• Form I-765WS: Worksheet to establish economic necessity

 

Step 3: Pay Filing Fees

Applicants must pay the required filing fees, which currently total $495, covering both the employment authorization and biometric services fees.

 

Step 4: Attend Biometrics Appointment

After submitting the application, applicants will receive a notice to attend a biometrics appointment, where their fingerprints, photograph, and signature will be collected.

 

Step 5: Await Decision

USCIS will review the application and make a determination. If approved, the applicant will receive a work permit and deferred action status for two years, which can be renewed.

 

DACA Renewals

USCIS is currently processing DACA renewals for individuals who meet the original requirements established prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order. Renewals must be submitted within 120 to 150 days before the current DACA expires.

 

Potential Options for DACA Recipients

While DACA provides temporary relief, it does not offer a path to permanent residency. However, there are other potential options for DACA recipients to consider:

1. Adjustment of Status through Family-Based Petitions
DACA recipients who marry a U.S. citizen or lawful permanent resident may be eligible to adjust their status to obtain a green card. This process involves:

• Filing Form I-130, Petition for Alien Relative
• Filing Form I-485, Adjustment of Status (if eligible)

2. Employment-Based Visas
Certain DACA recipients may qualify for employment-based visas, such as H-1B visas, if they have the necessary qualifications and a job offer from a U.S. employer. This process involves:

• Obtaining a job offer from a U.S. employer willing to sponsor the visa
• Filing Form I-129, Petition for a Nonimmigrant Worker

3. Advanced Parole
DACA recipients may apply for advanced parole, which allows them to travel outside the U.S. and return legally. This can be beneficial for those seeking to adjust their status through other immigration pathways.

4. Special Immigrant Juvenile Status (SIJS)
Some DACA recipients who were abused, neglected, or abandoned by one or both parents may qualify for Special Immigrant Juvenile Status (SIJS), which can lead to a green card.

5. Asylum
DACA recipients who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum.

 

Frequently Asked Questions

Is there a path to citizenship through DACA?

No, DACA does not provide a direct path to citizenship. However, DACA recipients may explore other immigration options that could lead to permanent residency and eventually citizenship.

Can I travel outside the U.S. with DACA?

DACA recipients can apply for advanced parole to travel outside the U.S. for specific reasons, such as employment, education, or humanitarian purposes.

What happens if my DACA expires?

If your DACA expires, you lose your work authorization and protection from deportation. It is crucial to apply for renewal within the recommended timeframe to avoid a lapse in status.

Why Choose Elliott Immigration Law LLC?

•  Experience and Expertise: Our attorneys have extensive experience handling DACA applications and renewals. We stay current with immigration laws and use our knowledge to benefit our clients.
• Personalized Attention: We take the time to understand your unique situation and provide tailored solutions. You are not just another case to us; you are a valued client.
• Commitment to Success: Our high approval rate and successful track record demonstrate our commitment to achieving the best possible outcomes for our clients.
• Transparent Communication: We believe in clear, honest communication. You will always know where your case stands and what to expect next.

Contact Us Today

If you need expert assistance with your DACA application or renewal in Atlanta, Georgia, contact Elliott Immigration Law LLC today. Our team is here to help you navigate the complexities of immigration law and achieve your goals. Whether you need assistance with DACA, family-based immigration, or exploring other immigration options, we are ready to provide the support and expertise you need.

For more information or to schedule a consultation, please access our contact us page or call us at (404) 890-0372. We look forward to helping you with your immigration needs in Atlanta, Georgia.