Misconceptions Around DACA in Fairfax
A common misconception about the deferred action for childhood arrivals, or DACA, in Fairfax, is that some sort of permanent status will lead to a green card that is a lifelong, secured type of immigration status in the United States. While some day there may be a mechanism to obtain permanent status in the United States, right now, it is a very vulnerable type of status, because it was issued by an Executive Order that was not passed through Congress, nor was it approved by the senate. Because the deferred action for childhood arrivals exists because it is an Executive Order, it could be erased by the president at any time if they are so inclined.
With this in mind, An individual should consult with a knowledgeable attorney if they are considering applying for any sort of immigration status within the US.
Executive Order Status
Because DACA is an executive order, it is somewhat of a risk that a person needs to evaluate before applying. This is because a person is turning oneself into the government and giving the government their identifying information, biometrics, and address.
The government now has that information, and if there is a reversal of this policy, all of those people could be at risk. While that may not be a real probability that is going to happen, it is something that people need to be aware of. People need to be aware of the misconception that DACA in Fairfax is a road to a permanent immigration status when it is not.
Documentary Requirements
Another misconception that people may have about DACA in Fairfax is that it is not that involved of a process. People underestimate the documentary requirements to prove physical presence. The level of evidence of physical presence that the government requires to qualify for this is significant.
It is not enough to send a couple of cases or a few documents from each year. An individual needs to document their month-to-month presence for the qualifying period of time. There are often very detailed applications involved with DACA, and people need to be thoroughly documented to get approved.
Importance of a Lawyer
The most important thing in a DACA case is that if a person has any questions about their eligibility, particularly if the person has a criminal record that may cause a problem for the person, especially if it is something like a DUI, the person should consult an immigration attorney. By applying for such a status, that person is revealing their presence in the United States to the government. A person is essentially turning themselves in, so an individual wants to be absolutely sure that they are eligible before submitting the application.
The significant misdemeanor issue is a big deal. The bar is very high for criminal records to get approved for this sort of process. So, a person needs to make sure that their criminal convictions are not going to disqualify them and that they are qualified before going with the application.