Introduction to Deferred Action for Childhood Arrivals (DACA)
Since June 15, 2012, many immigrants in the United States were allowed an extraordinary change in the immigration status, thanks to the Secretary of Homeland Security and the current President Barak Obama who declared a program of immigration relief for all those who approach to the US territory as children and met some criteria.
Here you will learn who the people that can qualify for this program are — also, the steps to take to resolve your illegal immigration status.
When someone is approved for deferred action for Childhood Arrivals (DACA), there are numerous benefits. People receive permission to live and work in the U.S. for two years subject to renewal. They can be eligible to apply for a work permit by using USCIS forms. A DACA Miami beneficiary is considered lawfully present in the U.S. and is eligible to apply for a social security number, and in most states, be eligible to apply for a driver’s license. If you are in a situation where you need to travel outside of the United States, you may receive permission for different reasons such as educational, employment, and others, using the USCIS form.
Many of today's young immigrants in the United States are eligible for the benefits of deferred action for childhood arrivals program, but they must meet specific requirements including:
Enter the USA with less than 16 years, but if the individual has traveled outside the country before this age must show proof of a substantial period residing in the U.S.
The undocumented individuals must prove they have been living in the American territory since June 15, 2007, up to the present.
The youth must be under 31 years old as of June 15, 2012.
An undocumented teen attending high school or college, or have graduated from high school or have passed the GED. The GED is a national test where youth demonstrate their skills at the secondary level and equivalent learning.
The individual has been in the Armed Forces or U.S. coast guards and honorably discharged, so he/she has the right to request deferred action program.
It has been shown that the individual is not considered a threat to the security of the country and has not committed minor or significant criminal offenses during the stay in the United States.
You must be present in the American territory at the time of applying for DACA program.
Youth must be at least 15 years of age to use, although there are some exceptions for boys under this age who are in deportation proceedings.
Documents Showing Eligibility for DACA Program
For all undocumented individuals who are eligible for deferred action for childhood arrival program and entered the United States before age 16 and after the effective date of the application must have the following documents:
Records demonstrating age before June 15, 2012.
Receipts of payments of any work, quick IRS, bank accounts, credit history from 2007 to 2012 where the program went into effect.
Birth certificate in the United States or medical history.
Educational history, all notes, certificates, and awards during the students instructional period.
Military Awards and records obtained at this time.
Records of participation in sports clubs and community service.
History of cell phone records.
Documentation of leases of houses and land titles.
Records of electricity, water, television and Internet company payments, as well as memberships to gyms or any other clubs.
Application Process for the DACA Department of Homeland Security
If the young immigrant meets the requirements to apply for the program, they should first contact one of our immigration lawyers. Gallardo Law Firm Miami can help individuals in obtaining immigration status and organize all required documents:
Identification: Birth certificate with photo ID, military or school ID with picture, passport or a document from your country of origin identifying the individual; any United States government immigration document with your printed name and photo.
Paper proof the individual came to the U.S. before the 16th birthday: Travel records, medical records, and Department of Homeland Security or Immigration documents stating the date of entry, passport with admission record and school records.
Evidence of immigration status: Forms I-94, I-95 and-I94W; with the date that expires, final deportation order as of June 15, 2012.
Proof of presence in the U.S. on June 15, 2012: Pay stubs, W-2 forms, report cards from school, utility bills and rent receipts, and official records from a religious entity.
Evidence of residency in the U.S. since June 15, 2007: Social security card, passport with entry stamped, bank transactions with dates, automobile license registration, deeds, mortgages, rental contracts, and others.
Military personnel records and personal military records: Are also evidence of documents that can help the individual in the process of DACA.
Once the immigration lawyer gathers all required documents, they are sent to the USCIS department with the fee amount of 465 U.S. dollars which includes the fingerprints for the future request.
What To Expect After Documents Are Sent?
The government has the judgment to authorize or deny Deferred Action for Childhood Arrivals. Moreover, if the individual engages in activities that no longer entitle him/her for DACA, the government can revoke the process.
It is important to have into consideration that DACA is not a course to obtain the lawful Permanent Residence or Citizenship, nor offer advantages to members of the family of DACA recipients.
Additional Benefits That the Consideration of DACA Provides
The deferred action program for arrivals in childhood offers excellent benefits in the immigration status of thousands of teenagers who currently live in the United States and hundreds of people who entered the territory still very young and dedicated their lives to the country. Below are some of the advantages that come with this program:
The protection of future deportation. In case the individual is already in deportation proceedings deferred action law prevents him/her from carrying it out.
It allows people under the deferred action program to be able to work legally in the United States in 2 years.
The DACA program is renewable every two years so that the individual under this status will always have legal immigration support within the American territory.
The young undocumented immigrants can obtain a social security identification number and license to drive legally in the country.
Immigration Attorneys in Miami
Immigration attorneys in Miami, Florida play an essential role in the immigration processes. They will educate the individual on the rights and options and practical solutions to the specific issues. The immigration lawyers in Miami will help make the entire process necessary for the applicant and the family. It is essential to work from the start with an immigration attorney because they know the immigration law and can help guide the individual in obtaining immigration status.
Eligible candidates are all young people who meet the requirements to apply for the legality of their immigration status. If the young person is in deportation proceedings or serving a sentence for immigration issues can also apply for DACA immigration program.
It is known that there are significant advantages to filing for deferred action for childhood arrivals. There is a significant difficulty of filing that the president may decide to change the immigration policy and take back the deferred action program and work authorization cards. If you get a significant misdemeanor conviction or felony you should not apply for deferred action. The Department of homeland Security will consider any evidence of deception in your deferred action application or a criminal conviction and will discuss your case to ICE. Lastly, if USCIS makes an error and you are not able to identify the error and correct it, then you could be deported.
All documents submitted will be evaluated deeply and must meet all deferred action requirements, if found to have committed any fraud the person will be deported immediately and comply with any penalty punishable by law.
The program of deferred action does not allow the recipient to leave the country unless requested through the I-131 immigration forms a travel permit showing that the trip is for educational purposes, or humanitarian work and must pay a fee of $ 350. It is recommended to consult an immigration attorney before applying the so-called Advance Parole because this does not guarantee legal entry into the country again.
The delay time is depending on the immigration attorney who helped in the case, it usually takes 5 to 10 months, but if it is advised by one good lawyer in Miami the process could be fairly quick and simple, which most would be delayed 6 months.
It is considered a misdemeanor if the individual has committed crimes of domestic violence, assault, robbery, rape, sexual exploitation, fraud, driving under influence of alcohol and drugs, drug possession, obstruction of federal laws, own firearms illegally. These crimes carry a sentence of one year or less, not prison.
No, the immigration serviceid and citizenship often eliminate certain payments if you can prove that you do not have resources to pay. You must complete and submit a form which will be reviewed in its entirety by the immigration department.
According to studies it has been shown that millions of foreign teenagers have been approved for this program. Until 2013 the USCIS has been reported that half a million applications only 1% was denied and 72% was approved by the program. In the state of Florida has been documented that 40% of young people may be eligible for deferred action program, of which between 23 000 and 40 000 adolescents residing in the Miami Dade and between 13 000 and 17 000 in Broward County.