BEST NYC DACA ATTORNEY WITH OVER 15+ YEARS OF LEGAL EXPERTISE
With a wealth of immigration experience spanning more than 15 years, the dedicated team at Dalbir Singh & Associates, P.C. has provided invaluable assistance to numerous young individuals who entered the United States as children, ensuring their ability to remain in the country through the Deferred Action for Childhood Arrivals (DACA) program.
WHY CHOOSE DALBIR SINGH AND ASSOCIATES FOR DACA SUPPORT?
Backed by our compassionate and highly knowledgeable immigration team, we have successfully helped over 10,000 individuals obtain various United States immigration benefits. If you meet the eligibility criteria for the Deferred Action for Childhood Arrivals (DACA) program, our skilled immigration lawyers at Dalbir Singh & Associates, P.C. are here to guide you through the application process, granting you the opportunity to reside and work in the country for a renewable two-year period, free from the fear of deportation.
WHAT IS THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM (DACA)?
The Deferred Action for Childhood Arrivals (DACA) program provides eligible individuals with the ability to live and work in the United States for a two-year duration, with the option to apply for renewal thereafter.
DACA offers protection to approximately 800,000 individuals, commonly known as "DREAMERS," who entered the United States unlawfully as children. These individuals are granted the privilege of living and working in the country under the DACA program.
WHO QUALIFIES FOR THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM (DACA)?
Under the original version of the Deferred Action for Childhood Arrivals (DACA) program, you may be eligible to apply for DACA if you meet the following criteria:
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You were under 16 years of age when you arrived in the United States.
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You were physically present in the United States on June 15, 2012, and at the time of your DACA application.
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You have continuously resided in the United States since June 15, 2007, with only minor and brief departures.
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You were born after June 15, 1981, meaning you were under 31 years old on June 15, 2012.
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You entered the United States without inspection or with a visa before June 15, 2007.
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You are currently attending high school, have graduated from high school, obtained a General Education Development (GED) certificate, or completed at least two years of university studies.
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If you have already graduated high school, you must have completed two years of university studies or served in the Coast Guard or Armed Forces of the United States with an honorable discharge.
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You have not been convicted of a significant misdemeanor, three or more other misdemeanors, or a felony, and you do not pose a threat to public safety or national security.
HOW LONG DOES DACA LAST?
DACA status must be renewed every two years. It's important to note that this program provides a temporary solution for staying in the United States, and its future remains uncertain due to ongoing legal challenges.
If you are seeking alternative options to legally stay in the United States, we encourage you to reach out to our experienced immigration attorneys at Dalbir Singh & Associates, P.C. We are here to provide guidance and explore available avenues tailored to your specific circumstances.
ADVANTAGES OF DACA
While DACA does not provide permanent legal status, it offers several important benefits, allowing individuals to:
- Obtain a Social Security Number: DACA recipients are eligible to apply for a Social Security number, which opens doors to various opportunities and benefits.
- Obtain a Driver's License: DACA recipients can obtain a driver's license in many states, enabling them to drive legally and independently.
- Work in the US: DACA provides recipients with the ability to work legally in the United States, allowing them to pursue employment opportunities and contribute to the country's economy.
- Study in the US: DACA recipients can pursue higher education in the United States, including attending colleges and universities, which opens doors to academic and career advancement.
- Travel with Advance Parole: Under certain circumstances approved by the United States Citizenship and Immigration Services (USCIS), DACA recipients may be eligible for Advance Parole, which grants temporary permission to travel outside the US and return lawfully.
- Apply for Renewal: DACA can be renewed every two years, allowing recipients to maintain their protected status, work authorization, and access to the program's benefits.
THE CURRENT STATUS OF DACA
The Deferred Action for Childhood Arrivals (DACA) program was established in June 2012 during the Obama administration. However, subsequent efforts by the Trump administration aimed to phase out the program, leading to legal challenges that resulted in its reinstatement under President Joe Biden. Here is an overview of the current state of DACA:
- Renewal and Benefits: DACA holders can continue to renew their status and receive benefits, including the ability to apply for Advance Parole authorization for travel purposes.
- First-Time Requests: The United States Citizenship and Immigration Services (USCIS) is currently accepting first-time requests for consideration, although it is not required to process them.
- Duration of Protection: The USCIS has extended the duration of DACA grants of deferred action from one year to two years, providing recipients with an extended period of protected status.
- Employment Authorization: DACA recipients' employment authorization documents, which allow them to work legally in the US, can also be extended from one year to two years by the USCIS.
It is important to stay informed about any updates or changes to DACA and its associated policies. Consulting with experienced immigration attorneys can provide valuable guidance and support throughout the DACA application or renewal process.
DACA FAQS
Your unlawful presence in the US starts counting after you turn 18 years old. This means that if you are 18 and six months old, you have already accumulated six months of unlawful presence, regardless of the date you entered the country.
It is important to be aware that DACA is a temporary program, and its legality is currently being challenged. This means that the eligibility criteria may change in the future. Additionally, it is crucial to understand that DACA does not provide permanent residence or guarantee US citizenship. Even if you become a DACA recipient, it is a temporary solution. For personalized guidance and to discuss your individual case, contact the DACA lawyers at Dalbir Singh & Associates, P.C.
To apply for DACA, you will need to complete the following forms:
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Form I-821-D, Consideration of Deferred Action for Childhood Arrivals (this is the same form you submitted during your initial application).
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Form I-765, Application for Employment Authorization.
In addition to the forms, you will be required to submit biometrics, including fingerprints, photographs, and signatures. Failure to comply with a notice to appear for biometrics at an Application Support Center (ASC) may result in the denial of your deferred action request. If you are unsure about how to fill out the application forms, the DACA attorneys at Dalbir Singh & Associates, P.C. can assist you throughout the process.
To demonstrate your entry into the US before your 16th birthday, you can submit any of the following documents:
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A passport with an admission stamp indicating the date of your entry into the US.
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Any document issued by the former Immigration and Naturalization Service (INS) or the Department of Homeland Security (DHS) showing your date of entry, such as Form I-862, Notice to Appear.
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Form I-94, I-94W, or I-95 Arrival-Departure Record.
To provide evidence of your entry into the US before your 16th birthday, you can submit the following documents:
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Travel documents, such as transportation tickets indicating your dates of travel to the US.
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School records from the US schools you attended, such as report cards or transcripts that state the dates of your studies and the names of the schools.
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Hospital or medical records from your treatment or hospitalization in the US, stating the dates of treatment or hospitalization and the names of the medical facilities.
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Official records from a US religious entity confirming your participation in a religious ceremony or rite, such as baptism or first communion.
At Dalbir Singh & Associates, P.C., our experienced DACA immigration lawyers are available to help you complete your DACA application and gather any additional documents that may be required. As DACA does not guarantee lawful immigration status, our team will also assess your eligibility for other forms of immigration relief and assist you in selecting the best option for your situation.
Yes, if your case has been deferred under the DACA program, you can be granted employment authorization by the USCIS.
As a DACA student, you are not eligible for federal financial aid. However, you may qualify for financial assistance at the state or local level.
To travel outside of the US, you need to apply for authorization to travel, known as Advance Parole. This document will enable you to travel abroad for educational, employment, or humanitarian purposes. However, it is important to note that vacation purposes are not considered eligible for Advance Parole.
To renew your DACA status for an additional two years, you must meet the following criteria:
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Continue to meet the original DACA eligibility requirements.
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Have continuously resided in the US since your initial DACA application.
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Have not left the country without USCIS permission in the form of Advance Parole.
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Have not posed a threat to public safety or US national security and have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors.
The USCIS recommends submitting your renewal application approximately 120 days before your Employment Authorization Document (EAD) or work permit expires. Applying more than 150 days before expiration or too close to the expiration date can result in rejection or potential gaps in your lawful immigration status. To ensure compliance with important deadlines and minimize risks, it is advisable to consult with an experienced DACA lawyer at Dalbir Singh & Associates who can guide you through the application and renewal process.
It is highly recommended to seek the assistance of an experienced attorney for DACA renewal. If you need help with your DACA renewal, our immigration attorneys at Dalbir Singh & Associates, P.C. are available to guide you through the process. It is particularly important to consult a lawyer in the following situations:
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Your circumstances have changed since your initial DACA application, such as being convicted of a crime.
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You no longer meet the educational requirements that were initially necessary for DACA eligibility.
The documents required for DACA renewal are the same as those submitted during your initial application. These include:
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Form I-821-D, Consideration of Deferred Action for Childhood Arrivals, which you also submitted previously.
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Form I-765, Application for Employment Authorization
If there have been changes in your situation since your initial application, such as criminal charges or being in removal proceedings, additional documents may be necessary.
Yes, you are eligible to renew your DACA status if you were under 31 years old on June 15, 2012, regardless of whether you turned 31 after receiving DACA.
The total fee for a DACA renewal application is $495. This covers the filing fees for Form I-821-D and Form I-765, as well as the biometrics fee.
You have the option to submit your DACA renewal application either online or by mail.
To switch from DACA to an H-1B work visa, you must meet certain criteria, including having less than six months of unlawful presence in the US, holding a bachelor's degree or higher, and securing a job offer from an employer willing to sponsor you for a bachelor's-level position. Our experienced team at Dalbir Singh & Associates, P.C. can assess your unique circumstances and help you navigate the process of obtaining an H-1B work visa.
Dalbir Singh & Associates, P.C. specializes in various areas of immigration law, including:
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