Common Fairfax DACA Myths
The most common myth in Fairfax regarding DACA would be the issue of what type of crime will disqualify someone from the temporary status because it was not clear if a person convicted of a significant misdemeanor would be barred from receiving benefits under DACA.
There are requirements for certain types of immigration benefits, meaning, there is a lot of case law defining what those restrictions are. If they have been convicted of anything, they should consult a skilled DACA attorney before applying. It is important to hire a Fairfax DACA lawyer who can best help them understand the common myths and how to move forward with their application.
Defining Significant Misdemeanors
A common Fairfax DACA myth may include something called significant misdemeanors. There has been a lot of confusion even within the immigration law community about what a significant misdemeanor is. There is a lot of case law that speaks to that actual term, meaning, a significant misdemeanor is not found elsewhere in immigration law. It was language purposely used in DACA delivered to create a broad umbrella of criminal offenses that will disqualify individuals from DACA.
Considering DACA
Anyone considering it should evaluate all of the eligibility criteria and be absolutely positive that they qualify before they apply. Even an individual who should qualify is taking a calculated risk by applying because if the status is rescinded at some point, they have already revealed their information to the government.
The government will be made aware of the person’s status, which can be a risk for any cases that are disqualified.
DACA Disqualification
Significant misdemeanors have been broadly defined as any burglary offense, whether it is a misdemeanor or domestic violence charge. Even a simple assault charge that is deemed a misdemeanor, can disqualify a person especially if there is an element of domestic violence. Any sexual abuse, unlawful possession of a firearm, drug conviction, possession or distribution of controlled substance, and DUI will also disqualify a person.
A simple DUI will disqualify a person and that is the only place in immigration law where they will be ineligible for their status because of one DUI. There is a lot of misunderstanding about that because generally, people do not consider a DUI to be a significant misdemeanor logically or intuitively for purposes of the service.
Indefinite Documented Status in the US
Another Fairfax DACA myth is that it is actually granting some permanent status or a status that will lead to a permanent status like a green card in the future. Many people believe when they are initially applying that it would allow them to remain in the United States indefinitely with a documented status, which is untrue.
DACA was created through an executive order and it can be erased through an executive order meaning it is a vulnerable type of status that is subject to change. A person is essentially turning their information to the government and all of their contact information and addresses with the hope that this status is going to be maintained but it could be rescinded at any time.
There is a bit of a risk in applying and in line with that same misconception, it does not lead to any permanent status whereas most areas of immigration law adhere to a certain status for a certain amount of time that will create eligibility. For example, a green card and DACA provide a temporary status. These temporary statuses need to be continually renewed as long as it exists and that person is made eligible.
DACA Status
It does not lead to anything and it does not even qualify right now. To understand DACA it is important to think about the name of the status itself, deferred action for childhood arrival. It is not granting a person any visa, permanent status, or green card. It is recognizing that they are here legally and it is allowing the government to defer action on deportation.
It means that they are here legally and they are going to recognize that fact; they are not going to actively try to remove the individual from the county and meanwhile they can have a work authorization. It is a tenuous status for people.