DACA Attorneys In Chicago: Guiding Clients Through DACA Benefits
Deferred Action for Childhood Arrivals (DACA) is a federal program that began in 2012 to protect eligible young undocumented individuals who entered the United States as minors. This important initiative offers protection from deportation and provides work authorization for those who qualify.
For many young immigrants, DACA has been life-changing, offering a path to pursue education and career opportunities without the constant fear of removal. However, the program has specific eligibility requirements and limitations that can significantly impact an individual’s immigration journey.
Speak with one of our experienced Chicago attorneys at Borjas Law Group, LLC., today and find out how receiving DACA could help you accomplish your immigration goals in the U.S. Our immigration lawyers are experienced in humanitarian relief, including DACA.
What You Should Know About Deferred Action And Green Cards
DACA does not grant permanent resident status (“green card”) and it is not a permanent benefit. However, DACA beneficiaries receive employment authorization and some may receive a travel permit on a limited basis.
DACA is an invaluable immigration benefit for those facing removal proceedings or for those in the custody of U.S. Immigration and Customs Enforcement (ICE).
Eligibility Criteria For DACA Benefits
Undocumented individuals seeking DACA benefits must meet a set of eligibility requirements. You may request DACA if you:
- Were under the age of 31 as of June 15, 2012
- Came to the U.S. before turning 16
- Have continuously resided in the U.S. since June 15, 2007
- Were physically present in the U.S. on June 15, 2012
- Are currently in school, have graduated from high school, have a GED or are an honorably discharged U.S. veteran
- Have not been convicted of a felony, a significant misdemeanor or more than three other misdemeanors
- Do not pose a threat to national security or public safety
If you meet these requirements, you may be eligible for protection from removal under DACA.
DACA Renewal Requirements
To renew DACA, you must meet all of the above requirements in addition to the following:
- Did not leave the United States on or after Aug. 15, 2012, without advance parole
- Have resided in the United States continuously since submitting your last DACA request
- Have not been convicted of a felony, significant misdemeanor or three or more misdemeanors
Borjas Law Group, LLC., can also help if you are currently a Dreamer and need to renew your DACA status.
How Our Legal Team Can Help
Our team of Chicago attorneys has experience:
- Filing Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- Renewing applications for existing DACA recipients
- Submitting applications for permits for travel outside of the United States based on DACA
- Determining if existing DACA recipients may also qualify for other immigration benefits in the U.S., such as immigrant visas and permanent resident status (“green card”) based on family ties in the U.S.
We can guide you through every step of the DACA process, whether you’re applying for the first time or renewing your status.
Need help with your DACA application or renewal? Contact our experienced Chicago attorneys at 312-625-8382 or complete our online form for a consultation. Take advantage of our free in-office consultations. Alternatively, phone or video consultations can be arranged for a small fee.
DACA FAQ: Your Questions Answered By Our Chicago Attorneys
Do you think you may qualify for DACA benefits? Are you looking for help with a DACA renewal? Whatever the case may be, Borjas Law Group, LLC., has answers to commonly asked questions about DACA.
Read our FAQ below to learn more about the program as well as the application and renewal processes.
What is Deferred Action for Childhood Arrivals (DACA)?
Deferred Action for Childhood Arrivals, commonly referred to as DACA, is a federal program under the Department of Homeland Security that allows certain undocumented individuals who came to the U.S. as minors to request consideration of deferred action for a period of two years, with the possibility of renewal.
The main goal of DACA is to give those who qualify the possibility of receiving three main immigration benefits:
- Protection from removal (deportation)
- Employment authorization for a period of two years
- Under certain circumstances, the possibility of receiving advance parole to allow applicants to travel abroad
Benefits like these can provide eligible individuals with greater stability and opportunities in the United States.
If my DACA application is approved, will it provide me with a path to legal permanent resident status or U.S. citizenship?
No. DACA does not grant lawful permanent resident status or U.S. citizenship.
What are the requirements for DACA?
You may request consideration for DACA if you meet the following requirements:
- Came to the U.S. before your 16th birthday
- Were under 31 years old as of June 15, 2012
- Have continuously resided in the U.S. since June 15, 2007
- Were physically present in the U.S. on June 15, 2012
- Had no lawful status on June 15, 2012
- Are currently in school, have graduated or obtained a GED, or are an honorably discharged veteran
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors
- Do not pose a threat to national security or public safety
Meeting these requirements is crucial for DACA eligibility. However, each case is unique, and the application process can be complex. We can help you navigate the DACA requirements and application process.
How do I request consideration for DACA?
To request consideration for DACA (either as an initial request or to request a renewal), you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals to U.S. Citizenship and Immigration Services (USCIS) along with Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet, to establish economic need for employment.
If you fail to submit a completed Form I-765 (along with the accompanying filing fees for that form, totaling $465), USCIS will not consider your request for deferred action.
What happens after I submit my DACA application?
If USCIS determines that your request is complete, it will mail you a receipt notice. USCIS will then send you an appointment notice to visit an Application Support Center (ASC) for biometrics. USCIS may then request additional information or evidence from you, or request that you appear at a USCIS office for an interview. USCIS will then notify you of its determination in writing. If your applications are approved, you will receive an approval notice and an employment authorization card.
Can you travel outside of the U.S. with DACA?
Not automatically. If USCIS approves your DACA application and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole in the following circumstances:
- Humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;
- Educational purposes, such as semester-abroad programs and academic research, OR;
- Employment purposes such as overseas assignments, interviews, conferences, training or meetings with clients overseas.
Travel for vacation is not a valid basis for advance parole.
What offenses constitute a significant misdemeanor?
For the purposes of DACA, a significant misdemeanor is a misdemeanor that is an offense of:
- Domestic violence
- Sexual abuse or exploitation
- Burglary
- Unlawful possession or use of a firearm
- Drug distribution or trafficking
- Driving under the influence
Alternatively, it could be an offense for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
According to USCIS, notwithstanding the above, the decision to defer action in a certain case is individualized and takes into account the totality of the circumstances. Therefore, the absence or presence of a criminal history does not necessarily determine a decision – it is simply a considered factor. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense.
What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term of more than one year.
Will the information I share in my application for DACA be used for immigration enforcement purposes?
Information provided in this request is protected from disclosure to ICE and CBP for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance. Individuals whose cases are deferred pursuant to DACA will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense.
The above information-sharing policy covers family members and guardians in addition to the requestor. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil or criminal matter.
If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?
If you have submitted a request for consideration of DACA and USCIS decides not to defer action in your case, USCIS will apply its policy guidance governing the referral of cases to ICE and the issuance of Notices to Appear (NTA). If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.
If, after a review of the totality of circumstances, USCIS determines to defer action in your case, USCIS will likewise exercise its discretion and will not issue you an NTA.
Can I renew my period of deferred action and employment authorization under DACA?
Yes. You may request consideration for a renewal of your DACA. Your request for a renewal will be considered on a case-by-case basis. If USCIS renews its exercise of discretion under DACA for your case, you will receive deferred action for another two years, and if you demonstrate an economic necessity for employment, you may receive employment authorization throughout that period.
If I am no longer in school, can I still request to renew my DACA?
Yes. Neither Form I-821D nor the instructions ask renewal requestors for information about continued school enrollment or graduation.
Renewing Your DACA Benefits: What You Need to Know
If you need to renew your DACA benefits, you can do so online through the USCIS website. As of right now, it is important to file for renewal before your current benefits expire to be classified as a renewal.
If you try to apply after they have expired, you will be considered a first-time applicant. Although first-time applications are accepted, they are not being processed.
To learn more about DACA, call us at 312-625-8382 or reach out through our online form to speak with a DACA immigration lawyer near you. We offer services in Tagalog and Spanish. We can accommodate other languages worldwide as we have access to translators.