Deferred action for childhood arrivals (DACA) is a legal process that can help qualifying U.S. residents who are in the country undocumented avoid deportation and removal actions. Once DACA is approved, successful applicants will get work permits and become eligible for travel permits.
You may request consideration of deferred action for childhood arrivals if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time ;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or other equivalent State-authorized exam in the United States, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
If you qualify, the deportation and removal process will be deferred. During that time, we can help you obtain a two-year work permit to stay in the country. This can be an important step in the naturalization and citizenship process.
It is important to note that criminal charges — misdemeanors and felonies — can impact a DACA application and can lead to removal proceedings.
The Law Firm of Damian Vargas has successfully represented scores of DACA applicants and is often invited to train other lawyers and organizations that provide DACA assistance. Contact us for a consultation and learn how our experienced New York Deferred Action attorneys can help you obtain a Deferred Action and Employment Authorization.