Deferred Action

What is Deferred Action for Childhood Arrivals (DACA)?

Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy established to protect eligible undocumented immigrants who arrived in the United States as children from deportation. Approved DACA applicants also receive temporary work authorization, allowing them to work legally and live without immediate fear of removal from the country.

Eligibility Criteria for DACA

To be eligible for DACA, applicants must meet several specific criteria:

• Entered the United States before the age of 16.
• Continuously resided in the U.S. since June 15, 2007, up to the present.
• Were physically present in the U.S. on June 15, 2012.
• Had no lawful immigration status on June 15, 2012.
• Under the age of 31 as of June 15, 2012.
• Currently enrolled in school, graduated from high school, obtained a General Education Development (GED) certificate, or honorably discharged veteran of the U.S. Armed Forces or Coast Guard.
• Have not been convicted of significant misdemeanors, felonies, or multiple misdemeanors, and do not otherwise pose a threat to national security or public safety.

Steps to Apply for DACA

Step 1: Prepare and File Forms

Applicants must complete and file the following forms with U.S. Citizenship and Immigration Services (USCIS):

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals.
• Form I-765, Application for Employment Authorization.
• Form I-765 Worksheet, detailing economic necessity for work authorization.

Phoenix Immigration Law Group provides expert guidance in accurately preparing and filing these forms, reducing the risk of errors that can delay processing or result in rejection.

Step 2: Gather Supporting Documentation

Applicants must submit documentation proving eligibility, such as:

• Birth certificate or passport to prove age and identity.
• School records, diplomas, GED certificates, or military records.
• Proof of continuous U.S. residency (e.g., medical records, school records, tax documents).
• Criminal background information, if applicable.

Our attorneys help you compile comprehensive evidence, enhancing the strength of your application.

Step 3: Biometrics Appointment

After submitting your application, USCIS will schedule a biometrics appointment, during which fingerprints and a photograph will be taken for security checks.

Step 4: USCIS Decision

USCIS will review your application and evidence before making a decision. If approved, you will receive deferred action status for two years, renewable indefinitely.

Renewing Your DACA Status

DACA status is valid for two years and must be renewed promptly to avoid lapses. Phoenix Immigration Law Group assists with timely renewals, providing reminders and helping you refile the necessary documentation and evidence.

Benefits of DACA

DACA provides several significant benefits, including:

• Protection from deportation for two-year renewable periods.
• Legal authorization to work in the U.S.
• Eligibility to obtain a Social Security number.
• Ability to apply for a driver’s license in most states, including Arizona.

Common Challenges in the DACA Application Process

Potential issues encountered during the DACA process include:

• Insufficient evidence demonstrating continuous residence or entry dates.
• Previous criminal convictions or legal issues.
• Errors or inconsistencies in documentation.
• Delays in renewal leading to gaps in lawful status.

At Phoenix Immigration Law Group, we proactively address these challenges to help ensure successful outcomes.

Why Choose Phoenix Immigration Law Group?

Our firm offers clients:

• Experienced legal guidance tailored to your unique situation.
• Thorough preparation and meticulous review of applications and evidence.
• Strong advocacy throughout interactions with USCIS.
• Compassionate, personalized service.

Serving the Greater Phoenix Area

Phoenix Immigration Law Group proudly serves individuals in Phoenix, Scottsdale, Mesa, Glendale, Tempe, Chandler, Gilbert, Peoria, and surrounding communities. Our local expertise enables us to address your specific immigration needs effectively.

Frequently Asked Questions (FAQs)

How long does it take to process a DACA application?

Typically, DACA applications take around 3-6 months to process, but this can vary depending on USCIS workloads and specific case complexities.

What happens if my DACA expires?

If your DACA status expires, you lose protection from deportation and authorization to work legally. Immediate renewal is crucial to maintain continuous lawful status.

Can I travel outside the U.S. with DACA?

Travel outside the U.S. requires advance parole, which must be granted before departure. Traveling without advance parole may result in denial of re-entry.

Does DACA lead to permanent residency or citizenship?

DACA does not directly lead to permanent residency or citizenship, but recipients may pursue other immigration pathways if eligible.

Can I apply for DACA if I have a criminal record?

Certain criminal convictions may disqualify you from DACA eligibility. Our attorneys can review your specific circumstances and advise accordingly.

Ready to Secure Your DACA Status?

Phoenix Immigration Law Group is committed to helping you achieve security and stability through DACA. Our attorneys provide expert guidance every step of the way, ensuring the best possible outcome.

Schedule Your Consultation Today

Contact Phoenix Immigration Law Group today to schedule a personalized consultation. Let us help you secure your future with DACA.