Florida DACA Immigration Lawyer for the “Dreamers”

DACA2020-08-04T01:32:17-05:00

Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) allows certain undocumented persons who came to the United States as children to obtain legal immigration status. This status is not a visa or a green card but it allows DACA recipients to live and work lawfully in the United States for 2 years, subject to renewal.

DACA Eligibility

To be eligible for DACA, you must meet the following criteria:

  • You came to the United States before you were 16 years old;
  • You were under 31 years old as of June 15, 2012;
  • You have continuously resided in the United States since June 15, 2007, up to the present time;
  • You were physically present in the United States on June 15, 2012, and at the time of submitting your DACA application to USCIS;
  • You had no lawful status on June 15, 2012;
  • You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • You 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.

How Old Must You Be to Apply?

To apply for DACA, you must be at least 15 years old, unless you are in deportation proceedings, have a final removal or voluntary deportation order.

Experienced DACA Attorney | Serving Immigrants in Florida & Nationwide

An experienced immigration attorney brings valuable assistance to your case. Should you wish to benefit from our knowledge and legal guidance we can be reached by phone, e-mail or via our contact form.

We will answer all your questions regarding the DACA process, advise you of any challenges that we foresee with your application, gather all your documents and help you understand what are the right expectations to have during this process.

Attorney Fletcher has represented immigrants with all types of situations, including visa overstay, illegal entry, criminal records and violation of deportation orders. We assist clients living in Florida and the entire United States. Please feel free to contact us for a confidential consultation at 561-507-5772.

DACA FAQs

How Long is DACA Valid For?2020-07-29T04:53:41-05:00

Deferred Action for Childhood Arrivals (DACA) is valid for two years, subject to renewal for a period of two years.

Can I Get a Work Permit with DACA?2020-07-29T04:53:14-05:00

Yes. A DACA recipient is eligible for work authorization. You must show that you have an “economic necessity.” The “work permit” is valid for a period of 2 years, subject to renewal at the time you renew your DACA application.

Are DACA Recipients in Lawful Status After the DACA Application is Approved?2020-07-29T04:52:40-05:00

No. “Deferred action” is not the same as lawful status. It means that the you will be protected from deportation because the Department of Homeland Security will exercise prosecutorial discretion when dealing with immigrants who have DACA. Deferred action allows the U.S. government to focus its enforcement resources on removing individuals who pose a danger to national security or a risk to public safety. DACA recipients are “low priority” for the purpose of enforcing immigration laws.

An applicant whose DACA is granted is authorized to stay for the approval period and will not accrue unlawful presence while DACA is in effect. But any previous or subsequent accumulation of unlawful presence is not forgiven.

Can I Renew My DACA and Work Permit?2020-08-17T03:28:47-05:00

Yes. You may submit your DACA renewal request as early as 150 days before the date of expiration listed on your DACA approval notice and your Employment Authorization Document (work permit).

To be eligible for renewal, you must:

  • Not have departed the United States on or after August 15, 2012, without advance parole (prior approval);
  • Have continuously resided in the U.S. since you submitted your most recent request for DACA that was approved; and
  • Not have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not pose a threat to U.S. national security or public safety.
While I Have DACA, Can I Travel?2020-07-29T04:49:08-05:00

A DACA recipient is eligible for advance parole, which allows him/her to travel internationally. There are risks associated with international travel and the situation should be fully evaluated with an immigration attorney before you take a trip.

Can an Employer Fire Me or Refuse to Hire Me Because I Have DACA?2020-07-29T04:48:39-05:00

Generally speaking, no. Employers are prohibited from firing you or refusing to hire you while you have a valid Employment Authorization Document (work permit). Employers also cannot ask about your immigration status or whether you have DACA.

Will the Information that I Provide in My DACA Application be Used To Deport Me?2020-07-29T04:48:06-05:00

Information provided to USCIS in a DACA application is to be protected from disclosure to Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) for the purpose of immigration enforcement proceedings, unless the applicant poses a threat to national security or public safety. Individuals whose DACA applications are approved should not be referred to ICE.

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