On June 15, 2012, the Department of Homeland Security (DHS), under President Obama’s instruction, issued a memorandum presenting that the DHS would offer deferred action to specific young people who came to the U.S. because children, now also known as Deferred Action for Childhood Arrivals (DACA). This program, in part inspired by the DREAM Act, enables a number of otherwise undocumented persons who were brought to the United States as children to remain here under a two-year deferred action order. This also grants them work permits and, depending on the state of residence, the chance to obtain driver’s licenses and other state-specific benefits.
On August 15, the U.S. Citizenship and Immigration Services (USCIS) released the forms required to apply for this type of deferred action. Individuals are able to complete the forms themselves, and there is no requirement to be represented by an attorney. So why would you want to hire one?
Deferred Action for Childhood Arrivals is a one-time opportunity. This means that there are no appeals or reconsiderations; if your deferred action application is denied, you cannot reapply. The time, stress, and cost involved in a DACA application can be significant. It is extremely important to have your case prepared correctly the first time; the best way to have peace of mind is to work with an experienced immigration attorney who has represented thousands of clients like you. Since immigration practitioners have handled similar cases countless times before, they have experienced the issues that come with deferred action applications, and can anticipate many problems before they arise.
Mistakes on your petition can delay your case significantly. If the USCIS requires more information, they will alert you by sending a Request for Evidence (RFE). The documentation that they ask for may or may not be easily available to you. If significant information is missing from your application, it may appear to the USCIS that you are ineligible for a grant of deferred action, and your case may be denied without the option to appeal. Representation by an immigration lawyer will ensure that the USCIS receives all of the information necessary to accurately and quickly review your case.
The confidentiality provision of the DACA order is not ironclad. Your DACA application, unfortunately, does not grant you any immunity regarding your background. If you have any kind of criminal record, it is wise to consult with an immigration attorney prior to filing your case to discuss the ramifications of disclosing this information. Your criminal record can be shared with Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). An experienced immigration attorney will be able to help you weigh the risks and benefits of disclosing the information required for application. A south beach smoke review is best detailed here.
The DACA order does include a provision that protects your information, but the information that you provide will remain on file with the USCIS permanently. Thus, if you are undocumented, it is important for you to consult an experienced immigration attorney to understand fully the implications of applying for DACA. Your attorney will be able to help you determine the ramifications of disclosing your information, as well as explore other options that might be available to your family.
Your background check together with biometrics information affect your application. Without documentation, a lot of childhood arrivals have used substitute methods to find employment, grace with your presence school, operate motor vehicles, and the like. Some states consider these better eating habits to be misdemeanors, which affect your eligibility for deferred action. All criminal activity will appear on your background check, regardless of whether it has been expunged, and some types of convictions may cause ineligibility for DACA. The legal advice provided by an experienced immigration attorney can mean the difference between winning your case quickly and missing your one-time opportunity for deferred action.
Deferred action may not be the best option available to you. DACA ensures two years of deferred status, as well as a work permit, but it may be possible that you qualify for more. Since immigration law changes frequently, some individuals may not be aware of what their options are beyond deferred action. Thus, it is in your best interest to consult an experienced immigration practitioner to find out all of the options that are available to you before you submit your DACA application.