Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals or DACA is a policy enabled in 2012 that delays the deportation of persons who entered the USA as children without documentation. The procedure implies filing a request for a deferred action with the United States Citizenship and Immigration Services (USCIS), as it is not granted automatically. Note: following court rulings in the Texas v. United States litigation, USCIS currently accepts but does not process initial DACA requests, while renewal requests continue to be processed - check uscis.gov/DACA for the current status.

Below, our immigration attorney in the USA explains how to file for Deferred Action for Childhood Arrivals (DACA) and the conditions to obtain protection under this status.

Who is eligible for a deferred action?

One of the most important things to consider about DACA is that it is granted only if the USCIS considers it has sufficient grounds to do so. For this purpose, the following categories of immigrants can file for such an action:

• foreign citizens who were born on or after June 16, 1981, and who were under the age of 31 as of June 15, 2012;
• people who emigrated to the United States before turning 16 years old;
• those who have lived in the USA continuously since June 15, 2007, up to the time of their DACA request;
• people who were physically present in the country on June 15, 2012, and at the time they filed the DACA request;
• people who had no lawful immigration status on June 15, 2012;
• people who are enrolled in school, have completed high school or received a certificate of completion, have earned a General Education Development (GED) certificate;
• honorably discharged veterans of the United States Coast Guard or armed forces of the United States;
• people who have not been convicted of a felony, a significant misdemeanor or three or more other misdemeanors, and do not pose a threat to national security or public safety.

Considering the complexity of a Deferred Action for Childhood Arrivals application, we strongly advise you to discuss our immigration lawyer in Miami about your eligibility criteria.

If you are wondering if you are eligible for a US Green Card under this status, you can discuss your situation with our attorney.

Steps to file for a deferred action

The procedure to obtain DACA protection in the United States requires a lot of attention. Our lawyer can assist in:

1. gathering all the documents that need to be filed with the USCIS;
2. complete the application forms issued by the USCIS;
3. create a DACA account on the USCIS website;
4. file the documents;
5. submit your biometric data with the nearest USCIS Application Support Center.

Our Miami immigration lawyer is also at the service of people who need other legal services, such as applying for spouse visas in the United States.

Documents required when filing for Deferred Action for Childhood Arrivals

Here is the list of documents you need to file when applying for the DACA status:

• valid identification papers (passport, birth certificate, documents issued by US authorities that also have a photograph);
• proof of entering the United States before turning 16 years old;
• documents attesting to your immigrant status;
• proof of being in the USA on June 15, 2012;
• proof of residing in the United States since June 15, 2007;
• documents attesting your current occupation (studentship, discharged army officer, etc.).

Our US immigration lawyer can assist you put together the documents indicating you meet the requirements for Deferred Action for Childhood Arrivals.

DACA beneficiaries in the USA

According to recent information:

• at the end of 2022, there were about 580,000 DACA recipients in the USA;
• 28% of them lived in California;
• 17% of the recipients lived in Texas;
• 5% lived in New York, and 4% in Florida.

If you need assistance in applying for Deferred Action for Childhood Arrivals, do not hesitate to get in touch with our immigration attorney. They are also at your service if you want to apply for a US investor visa.