PRACITCE AREA: DACA & ADVANCED PAROLE

WHAT IS DACA?

DACA stands for Deferred Action for Childhood Arrivals. The executive order relating to DACA was made in 2012 by President Obama for individuals who arrived in the United States without proper documentation or who overstayed their visas as a result of their parents’ actions. DACA may also be used as a defense in deportation proceedings.

Deferred action may be granted to individuals who are in removal or deportation proceedings or for individuals who have never been in removal proceedings.

Once deferred action is conferred, the individual can apply for employment authorization and is considered legally present in the United States. This does not mean, however, that if deferred action is granted, that you will be given a green card. There are paths to a green card for certain individuals who attain or currently have DACA status. If you think you qualify for DACA or you currently have deferred action under DACA and have a relative through which you can adjust status contact us to discuss your case.

WHO QUALIFIES UNDER DACA?

To apply for DACA, you must meet the following criteria:

You must have been under 31 years of age as of June 15, 2012;

You must have come to the United States when you were under 16 years old;

You must have continuously lived in the United States from June 15, 2007 to the present;

You must have entered the United States without inspection before June 15, 2012, or, if you overstayed a visa, the visa must have expired as of June 15, 2012;

You were physically present in the United States on June 15, 2012;

You must currently be present in the United States at the time of applying for deferred action;

You are currently in school, or have graduated from high school, or have obtained a GED, or have been honorably discharged from the armed forces;

You have not been convicted of a felony offense or significant misdemeanor.

WHAT RISKS EXIST WHEN APPLYING UNDER DACA?

You should apply only after consulting with an immigration lawyer. If you are here unlawfully and USCIS or ICE finds that you do not meet the criteria for deferred action, you may be placed in removal (deportation) proceedings. Also, DACA is entirely discretionary and may be revoked at any time.

WHAT ARE THE BENEFITS OF DEFERRED ACTION?

If you are granted deferred action, you will be permitted to lawfully work in the United States. You can also apply for advance parole, allowing you to travel outside the United States, for reasons related to work or humanitarian reasons.

ADVANCED PAROLE WITH DACA OR TPS

If you are granted deferred action under DACA or Temporary Protected Status under TPS, you may be eligible to apply for advanced parole to travel outside of the U.S.

This may lead to a path to obtaining your legal permanent residency (green card) if you have an immediate relative that is a U.S. citizen that can file an alien relative petition for you. You should consult with an attorney to inquire if this is an option for you and to ensure you are not subject to any inadmissibility issues prior to departing the U.S.