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Deferred Action Lawyer for DREAMer Childhood Arrivals (DACA)

The Law Offices of Daniel Shanfield - Immigration Defense, PC, is the Bay Area's leading DACA Deferred Action law firm. As AILA immigration attorney liaison to the Consulate General of Mexico in San Jose, Daniel oversees the Consulate's immigrant advice clinic and DREAMer Deferred Action assistance program. For his dedicated service to the San Francisco Bay Area's immigrant community, Daniel was presented the Mexican Consulate's 2011 Reconocimiento Tequio Award.

Our Firm believes that it is absolutely critical that the immigrant community be informed about immigration reform and the Deferred Action for Childhood Arrivals process. Daniel blogs regularly on important immigration issues, and contributes regularly on Deferred Action issues with Telemundo and Univision.

Important DREAMer Deferred Action Information for Childhood Arrivals (DACA)

What is deferred action for undocumented immigration youth?

Deferred action is a decision by the U.S. Government not to deport someone from the United States. It does not lead to permanent residency, a green card or U.S. citizenship. On June 15, 2012, the U.S. Government announced that certain people who came to the United States as children and meet several key requirements may apply for deferred action for a period of two years, subject to renewal, and would then be eligible for a work permit. With a work permit, an immigrant can apply for a social security number as well as a state ID or driver's license.

How do I qualify for deferred action for childhood arrivals?

To qualify for deferred action for childhood arrivals, you must submit evidence, including support documents, showing that you:

  • Were under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching your 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  • 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
  • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

How do I apply for deferred action for childhood arrivals?

Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action to USCIS through a form, along with a form requesting an employment authorization document. The total USCIS filing fee is $465.

Does deferred action provide me with a path to permanent residence status or citizenship?

No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only Congress, acting through its legislative authority, can confer these rights.

Can the information in my deferred action application be used to deport me or my family?

DHS has stated that information in your DACA deferred action application is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) unless the application has a criminal history or serious immigration violation record under the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA). Applicants who received DACA deferred action will not be referred to ICE. However, application information can still be shared for reasons other than deportation with other national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals request, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. This covers not just applicants but also their family members and guardians.

This policy is subject to change at any time without notice.

Will my immediate relatives or dependents be considered for deferred action for childhood arrivals?

No. The new process is open only to those who satisfy the guidelines. As such, immediate relatives, including dependents of individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process, may not be considered for deferred action as part of this process unless they independently satisfy the guidelines.

Can I travel if I am granted Deferred Action?

Not automatically. If USCIS has decided to defer action in your case and you want to travel abroad, you must first apply for advance parole and pay the required fee ($360). Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals.

Do I need an immigration lawyer to apply for DACA Deferred Action?

Working with an immigration attorney to file for deferred action is not required. However, if finally achieving legal status in the United States mis important to you, having an experienced immigration lawyer by your side is a must, both for you and your family.

Simply put, our law firm fights hard and fights successfully for immigrant families. We know the ins-and-outs of filing immigration applications, and how to win your case. Even if you clearly qualify for Deferred Action, it's the paperwork that counts, and clients who work with our firm get it done right the first time. And if DHS makes a mistake on your case (something that happens way too often), you'll know that our firm will be there at your side fighting for you until USCIS finally gets it right.

You are already busy taking care of family, working hard hours on the job, and studying to get top grades. You just don't have time for one more thing to worry about. With us in charge of your immigration case, you and your family can be reassured that the case is being done right. That means getting your work permit, social security number and driver's license now and not later. Our law firm will deal with the paperwork and the bureaucracy; and you can focus on what matters.

CONTACT OUR IMMIGRATION LAW FIRM TODAY TO ASSIST YOU WITH YOUR APPLICATION FOR DREAMer DEFERRED ACTION FOR CHILDHOOD ARRIVALS.

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