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Deferred Action for Childhood Arrivals

FamilyDeferred Action for Childhood Arrivals (“DACA”), is a program that was created by the Obama administration to provide temporary protection from deportation to certain immigrants who came to the United States as children. Individuals who are approved for DACA, will be able to live in the United States for two years without the threat of deportation. They will also be eligible to apply for employment authorization. At the end of the two-year period, individuals may apply for a two-year extension of their DACA status.

Eligibility Requirements

Individuals may apply for DACA if:

  • They were under the age of 31 as of June 15, 2012;
  • They entered the United States before their 16th birthday;
  • They are 15 years of age or older (unless they are subject to a final order of removal);
  • They have continuously resided in the United States since June 15, 2007;
  • They were physically present in the United States on June 15, 2012, and are physically present in the United States at the time they apply for deferred action;
  • On the date they apply for consideration of deferred action, they are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or received an honorable discharge from the United States military. Individuals who did not complete high school but are enrolled in GED classes may also qualify for DACA.
  • They have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Renewing DACA

Individuals whose two year DACA status is expiring are eligible to file for a renewal of their status and a renewal of their employment authorization. Individuals are eligible to renew their DACA status if:

  • They have not departed the United States on or After August 15, 2012, without advance parole;
  • They have continuously resided in the United States since they submitted their most recent DACA request which was approved by USCIS; and
  • They have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public security.

USCIS strongly encourages individuals looking to renew their DACA status to submit their DACA renewal request between 120 and 150 days prior to the expiration of their current DACA status in order to give USCIS sufficient time to process the request. If an individual does not receive a decision on their renewal request before their current DACA status expires, they will accrue unlawful presence for any time between the expiration of their DACA status and the renewal unless they are under 18 years of age at the time the request is submitted.

Speak to a Pittsburgh Based Immigration Attorney Today

When applying for DACA status or renewing your DACA status, it is important to provide complete and accurate documentation. Given the importance of providing complete and accurate documentation, as well as the number of documents that must be submitted, seeking the help of an experienced immigration lawyer can help provide you with the peace of mind that your case will be submitted to USCIS correctly.

If you are interested in obtaining DACA status or renewing your DACA status, Attorney Hartzman and Hartzman Law Firm are here to help. Attorney Hartzman has helped countless clients located throughout the United States and around the world solve their immigration issues.

If you would like to learn more about how Hartzman Law Firm can help you apply for DACA status or renew your DACA status, please call us at (412) 495-9849 or fill out a contact form online. We offer free consultations in person, by phone, and by secure video conferencing. Weekend consultations are also available by request.

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