Attorney at Law
Deferred Action for Childhood Arrivals
(DACA)
You have not been convicted of a felony, significant misdemeanor, or 3 or more misdemeanors, and you do not otherwise pose a threat to others
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You were present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with the USCIS
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What does it cost to apply for DACA?
Do I need an attorney to apply for DACA?
You can apply for DACA on your own and file the application online without the assistance of an attorney. The form is available on the USCIS website, www.uscis.gov, or you can follow this link:
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We recommend that you consult with an attorney if you have one or more criminal convictions, a history that includes deportation(s) or voluntary departure(s), a lengthy absence from the United States, or any other issue that might affect your eligibility for DACA.
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Is DACA the same as the DREAM Act?
DACA IS NOT THE SAME AS THE DREAM ACT. The primary difference is that DACA does not provide a path to legal residence or citizenship, but the DREAM Act would.
The DREAM Act (also known as the Development, Relief, and Education for Alien Minors Act), is legislation proposed in 2011, that did not pass. The DREAM Act, if it becomes law, would allow young people who grew up in the United States and have graduated from our high schools to obtain legal status in the USA. Under current law, young people generally derive their immigration status solely from their parents, and if their parents are undocumented or in immigration limbo, they have no mechanism to obtain legal residency, even if they have lived most of their lives in the U.S. The DREAM Act would provide such a mechanism for those who are able to meet certain conditions.
The DREAM Act would enact two major changes in current law:
* The DREAM Act would permit certain immigrant students who have grown up in the U.S. to apply for temporary legal status and to eventually obtain permanent legal status and become eligible for U.S. citizenship if they go to college or serve in the U.S. military; and
* The DREAM Act would eliminate a federal provision that penalizes states that provide in-state tuition without regard to immigration status.
Who would qualify?
Under the DREAM Act, most students who came to the USA at age 15 or younger at least five years before the date of the bill’s enactment and who have maintained good moral character since entering the United States would qualify for conditional permanent resident status upon acceptance to college, graduation from a U.S. high school, or being awarded a GED in the United States. Students would not qualify for this relief if they had committed crimes, were a security risk, or were inadmissible or removable on certain other grounds. In one version of the legislation, qualifying students must be under age 35; in another version they must be under age 32.
Conditional permanent resident status would be similar to lawful permanent resident status, except that it would be awarded for a limited duration — six years under normal circumstances — instead of indefinitely.
Students with conditional permanent resident status would be able to work, drive, go to school, and otherwise participate normally in day-to-day activities on the same terms as other Americans, except that generally they would not be able to travel abroad for lengthy periods and they would not be eligible for Pell Grants or certain other federal financial aid grants. They would, however, be eligible for federal work study and student loans, and states would not be restricted from providing their own financial aid to these students. Time spent by young people in conditional permanent resident status would count towards the residency requirements for naturalization.
At the end of the conditional period, unrestricted lawful permanent resident status would be granted if, during the conditional period, the immigrant had maintained good moral character, avoided lengthy trips abroad, and met at least one of the following criteria:
* Graduated from a two-year college or certain vocational colleges, or studied for at least two years toward a B.A. or higher degree, or
* Served in the U.S. armed forces for at least two years.