DACA Attorneys in New Bern

Understanding Deferred Action for Childhood Arrivals in North Carolina

Introduced in June of 2012 by President Barack Obama, the Deferred Action for Child Arrivals, or DACA, is a policy meant to grant undocumented immigrants who entered the United States as young children reprieve from deportation efforts. Eligible applicants can obtain a two-year, renewable period of deferred deportation proceedings. The program has given hundreds of thousands of non-citizens the opportunity to remain and work in the country.

Assuming their status is kept current and active, the DACA effectively protects eligible immigrants unlawfully present in the country from being deported for an indefinite period of time. It also crucially opens the door to obtaining a work permit within the United States. However, unlike a green card, the DACA does not include a path to permanent citizenship. They also face significant hurdles to traveling outside the country, especially in light of recent changes made by the Trump administration.

Call E. A. Wood Law Firm today at (800) 611-0821 or contact us online to schedule a consultation with our DACA lawyer in New Bern.

Eligibility Criteria for DACA Applicants

Strict, highly specific rules determine who can apply for DACA status, and, due to the nature of the restrictions, the number of eligible candidates has not grown since the program’s debut in 2012. It is important to note that meeting the key requirements does not guarantee acceptance into the program.

To qualify for DACA status, you must meet each of the following criteria:

• Have been unlawfully present in the United States prior to your 16^th birthday
• Have lived continuously in the country since June 15, 2007
• Were born on June 16, 1981 or later
• Were present in the country both on June 15, 2012 as well as at the time of DACA application submittal
• Have no lawful status as of June 15, 2012
• Have not been convicted of a felony, serious misdemeanor, or three or more misdemeanors
• Have completed at least a high school education or GED, have been honorably discharged from the military, or are presently enrolled in school
• Do not pose a threat to the nation or its public’s security

If you meet all of the above requirements, you can apply for DACA consideration by submitting the following to the United States Citizenship and Immigration Services (USCIS):

• Consideration of Deferred Acton for Childhood Arrivals (I-821D)
• Application for Employment Authorization (I-765)
• I-765WS Worksheet
• Any supporting documentation to help verify your eligibility

Key Benefits of DACA for Eligible Immigrants

DACA provides several key benefits to eligible individuals:

• Protection from Deportation: The primary benefit of DACA is protection from deportation. While DACA does not grant legal status or citizenship, it provides temporary relief from removal for two years, which can be renewed.
• Work Authorization: DACA recipients are also eligible for a work permit to legally work in the United States. This allows for better job opportunities, financial stability, and the ability to contribute more fully to society.
• Access to Education: With DACA, recipients can pursue higher education with more ease. They may be eligible for in-state tuition rates at public colleges and universities in many states and can apply for scholarships and financial aid that require legal work authorization.
• Peace of Mind: For many DACA recipients, the program offers a sense of security and stability. Knowing that they are protected from deportation and have the legal right to work allows individuals to plan for their futures and pursue their goals without the constant fear of removal.

Renewing Your DACA Status: What You Need to Know

DACA is not a permanent solution; it must be renewed every two years. The renewal process, while similar to the initial application, requires updated information and documentation. It is crucial to begin the renewal process well before the expiration of the current DACA status to avoid lapses in protection and work authorization.

A significant aspect of the renewal process is providing continuous residence in the U.S. since the last DACA approval. This requires gathering and submitting documentation that demonstrates physical presence, such as utility bills, school records, and bank statements. Ensuring that all required information is accurate and complete can prevent delays or denials.

Recent Changes to the DACA Program

The DACA has undergone a number of attempted changes since its enaction in 2012. President Obama’s effort to expand the program in 2014 was met with stiff resistance from Republican-controlled states, ultimately resulting in a split United States Supreme Court failing to reach a decisive verdict. The lower appellate court’s decision to enjoin the expansion stood.

In a recent decision, the Supreme Court ruled that President Donald Trump cannot rescind the DACA program, at least not based on the inadequate justification made in his administration’s case. In other words, DACA beneficiaries continue to be protected from deportation, and eligible immigrants can continue to apply. The Court did signal the Trump administration could attempt to end the program through some other legal maneuver. However, some have theorized any further DACA challenges may be delayed until after the 2020 presidential election.

Get Legal Help from Our New Bern DACA Attorneys

The DACA program is one of many legal mechanisms that can help keep immigrant families together in the United States. We at The E.A. Wood Law Firm have helped families all over the world find legal solutions to their immigration problems. If you are confused about your eligibility for DACA or need assistance preparing your application documentation, we can help.

Do not delay in taking steps to protect your American dream. Call (800) 611-0821 or contact us online to request a consultation with our New Bern DACA lawyers.