Deferred Action DACA
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Deferred Action for Childhood Arrivals
In 2012, the United States Government issued a new form of deportation relief—Deferred Action for Childhood Arrivals (DACA). This relief delays deportation for a period of two years, with the option of renewal, for younger immigrants who entered the United States when they were children (at the age of 15 or below). Once relief under DACA is granted, the immigrant is authorized to live and work in the U.S. for the DACA protection period. This relief gives the individual more time to find other more permanent solutions to his or her immigration status problems. In order to qualify for DACA, applicants must meet certain age requirements, education requirements and other criteria.
If you believe that your or a loved one may qualify for Deferred Action for Childhood Arrivals, you should act immediately to begin the DACA application process. At Fayad Law, P.C., we have Virginia immigration attorneys who can walk you through the process so that you can strengthen your chances of avoiding removal/deportation. We also assist individuals who need assistance with the DACA renewal process.
Who qualifies for DACA?
In order to be eligible for DACA, you must meet the following criteria, according to U.S. Citizenship and Immigration Services:
- You must have entered the U.S. prior to turning 16 years of age.
- You must have lived in the U.S. continuously since June 15, 2012.
- You must have been under the age of 31 on June 15, 2012 (the date that DACA was announced).
- You must have been in the U.S. on June 15, 2012, as well as at the time that you applied for DACA.
- Prior to June 15, 2012, you must have either a) entered the U.S. without inspection, or b) had a lawful immigration status that expired.
- You must meet one of the following education requirements: a) you are currently in school, b) you graduated from high school, c) you received your GED or d) you were honorably discharged from the U.S. Armed Forces or Coast Guard.
You must not have any of the following on your record: a felony conviction, a conviction of a significant misdemeanor, or a conviction for three or more regular misdemeanors. You are also not considered a threat to public safety in any other way.
It is important to note that even if an individual meets these requirements, it is still possible for that person to be denied relief under DACA, as the decision is left up to the discretion of the U.S. Government.
Our team at Fayad Law wants to help you do everything possible to help you preserve your life in the U.S. Contact our firm for help with your DACA application. We can also assist you with other immigration-related issues such as applications for green cards. Sign up for a free case evaluation with our firm!
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FAQs - FREQUENTLY ASKED QUESTIONS
There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.
The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.
Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:
- Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen)
- Being at least 18 years of age
- Living within the state where you will apply for citizenship for at least 3 months prior to the application date
- Being physically present in this country for at least half of the past 5 years
- Maintaining continuous residence in this country from the date you submit your application for naturalization
- Being able to read, write and speak English
- Have a basic understanding of U.S. government and civics
It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.
In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.
In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.
There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!
Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.