Fairfax Deferred Action for Childhood Arrivals Attorney

DACA stands for Deferred Action for Childhood Arrivals. It was created on June 15, 2012, when President Obama issued an Executive Order that created a route for individuals who had arrived in the United States as children and had been in the United States for long periods of time to apply for deferred action status. This means that the government is acknowledging that they are in the United States and is going to defer removal and allow them to apply for work authorization.

This is a tenuous status. It was issued by an Executive Order, so it is somewhat vulnerable. Despite a change in Administration, it is available to people right now and hopefully will remain intact with the new administration. If you or a loved one is looking to apply for deferred action status, it is pertinent that you contact a Fairfax deferred action for childhood arrivals attorney immediately.

Eligibility Under DACA

An individual would be eligible for DACA if they were under the age of 31 on June 15, 2012, if they came to the United States before they turned 60 years old and if they resided continuously in the United States since June 15, 2007, to the date of filing. They also need to have entered the United States without inspection or they need to have been out of lawful status before June 15, 2012. Even if the individual entered on a visitor’s visa, they could qualify as long as they were out of status on June 15, 2012.

An individual will also need to have been continuously present in the United States on June 15, 2012, and they need to be present at the time they are applying for DACA. They also need to be either currently enrolled in school or graduated from high school in the U.S.  They could have attained their GED or been honorably discharged from the services or armed forces.

An individual must not have been convicted of any felony offense, significant misdemeanor, or more than three misdemeanors unless they are minor misdemeanors. The availability of liberty is very strict regarding people’s criminal records. Also, they have to prove that they do not pose a threat to national security or public safety.

It is a broad discretionary ground that one needs to prove that a person deserves a favorable exercise of discretion with that problem. A knowledgeable Fairfax deferred action for childhood arrivals attorney can help an individual understand if they meet these requirements.

Process of the Application

The process is straightforward for somebody who is not currently in removal proceedings in front of the immigration court. They will first file the application with USCIS. A person also needs to file a work authorization application with it, and prove to the United States that there is a financial reason that they should bear a person’s work authorization. This is a separate step aside from the ordinary work authorization. Then that person files it directly with USCIS, and they need to address each one of the qualifying factors.

A person will need to prove that they graduated from high school or is currently enrolled. The most important thing and the thing that they are being more and more strict on as far as requiring documentary evidence is the proof of continuous presence since 2012. A Fairfax deferred action for childhood arrivals attorney can assist an individual in proving this clause.

Proving Continuous Presence

A person needs several documents for every year that they have been present in the United States to establish that continuous presence. It is not sufficient to submit tax returns or something like that. A person needs to show the continuous presence month by month for his or her time in the United States and also some documents that establish a presence on June 15, 2012. A Fairfax deferred action for childhood arrivals attorney can help an individual with gathering the required documents for this part of the DACA process.

The other thing a person needs to submit is proof that they do not have a criminal record. The rest of the application is basically the USCIS forms. It is fairly straightforward for individuals in removal proceedings. In the immigration court, it is the same process, but that person needs to also request that their case is administratively closed by the DHS prosecutor and the immigration judge before moving forward.

Importance of an Attorney

For many people with younger kids who may be still in high school and have proof of school work for the past four or five years, the DACA process can be straightforward. Some people go to non-profits so they can get help to their school, but a lot of cases have more complex factors.

For instance, if somebody has a misdemeanor and they have a criminal record and need to present, they need to make the argument that it does not disqualify them because they should not be considered a significant misdemeanor. In those cases, it is advisable to contact a Fairfax deferred action for childhood arrivals lawyer. In some complex cases, people do not have a lot of documentation of their presence, so it is important to have an attorney to help them walk through what evidence they can gather to establish if they do not have a lot of legal documents or official documents proving their presence in the United States.

Fairfax Deferred Action for Childhood Arrivals Attorney