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Deferred Action (DACA) for Childhood Arrivals

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ON JUNE 18, 2020, THE U.S. SUPREME COURT RULED IN FAVOR OF THE DACA PROGRAM, REJECTING THE TRUMP ADMINISTRATION'S 2017 ATTEMPT TO TERMINATE THE PROGRAM. THIS DECISION RESTORES THE PROGRAM COMPLETELY. BOTH INITIAL AND RENEWAL APPLICATIONS, ALONG WITH REQUESTS FOR ADVANCE PAROLE, SHOULD BE ACCEPTED BY USCIS.

STERN Law is committed to defending your place within our American Dream. You arrived as a child, as a DREAMER. You are part of US.

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You can now file an initial I-821D DACA application for the first time!**

**Given the recency of the decision, there are some factors that can only be confirmed once applications are submitted and work through the USCIS and legal systems.

You must meet the qualifications listed at the bottom of this page.

File ASAP: the Trump Administration will likely try to rescind the program again, using different attempts to pass legal requirements per Supreme Court decision. In the meantime, USCIS must accept applications again.

If approved, it will last for a two (2)-(3) year period.**

Any criminal history at all? If so, this must be carefully reviewed by a CrImmigration lawyer to ensure there is no risk of deportation.

You can now file Advance Parole (I-131) applications**

Because Advance Parole was eliminated at the same time as the DACA program, it should be reinstated along with the DACA program. We have no reason to believe that Advance Parole will be prevented; if you have DACA permissions, it does not hurt to try!

You can still file a renewal I-821D DACA application!

File ASAP: You can apply 5 months before the expiration.

If approved, it will last for a two (2)-(3) year period.*

Any criminal history at all? If so, this must be carefully reviewed by a crImmigration lawyer to ensure there is no risk of deportation.

Even if your DACA/EAD permission expired over a year ago, you can still renew.

As long as you were already a part of the program, your application will be considered a renewal.

If you have ANY criminal convictions or pending criminal charges, do not attempt to apply on your own!

You may be at risk of deportation even if you had DACA approved in the past.

Experienced CrImmigration counsel is required here.

Looking Back on the Original Eligibility Requirements for Consideration of Deferred Action for Childhood Arrivals (DACA)…

 

To meet the original program requirements, you:

  1. Are currently 15 years old or older;
  2. Were under the age of 31 as of June 15, 2012;
  3. Came to the United States before reaching your 16th birthday;
  4. Have continuously resided in the United States since June 15, 2007, up to the present time;
  5. 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;
  6. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  7. 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
  8. 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.
If you believe you may qualify, it’s always a good idea to talk with an attorney. The program requirements might seem simple, but there are many legal implications and possible consequences if the application is not done properly or is denied. Also, there may be better legal options than DACA that you never explored before or would not know about without talking to a lawyer. 
 
Notarios or paralegals are not lawyers and cannot properly analyze the law. We have seen many lives ruined from the mistakes of proceeding with advice from anyone other than a lawyer. The decision to hire a lawyer is a personal one. Make sure to ask questions and understand all of the possible risks or outcomes before you apply. The decision you make right now could be one of the most important decisions you and your family ever make. 

We will not lose hope or give up on the DREAMERs – and neither should you!

Congress has the ability to put the protections of DACA into law – a law that is not at risk of termination by a president. There are proposed bills in Congress that provide a lawful residence and a pathway to citizenship for DACA and TPS recipients. We must get Congress to Act NOW! This must pass in the legislature in time before DACA permissions completely expire.