DACA lawyer Medya Ansari of Getachew & Ansari Immigration Attorneys, P.C. represents clients in DACA cases.
If you or a loved one need assistance with an immigration matter involving DACA, we can assist you. We represent clients with compassion and legal excellence.
See how a DACA lawyer in San Jose can help you. Get the legal help you need today. Contact us at your convenience.
How Can a DACA Immigration Attorney Help You?
- Review your case closely to determine your immigration options.
- Advise you of the current law and ways that you can proceed.
- Assist and advise on how to proceed if you have criminal records.
- Respond if you are at risk of losing your DACA status. (Notice of Intent to Deny)
- Change your legal status if you qualify to shift from DACA to another status.
- Explain the rights and responsibilities that you have as a DACA recipient.
- Renewing your DACA status.
Whatever your situation, immigration attorney Medya Ansari can evaluate your immigration status options, advise you, and represent you. We are taking new DACA cases now in San Jose and throughout the Bay Area.
What is DACA?
DACA stands for Deferred Action for Childhood Arrivals. It is an administrative decision to stop the deportation of qualifying individuals and give them certain protections like the opportunity to work, get a driver’s license in the United States, and seek permission to travel outside of the U.S. (Advance Parole (Form I-131)). Successful applicants are people who arrived in the United States before reaching their 16th birthday as undocumented minors or overstayed their visas and who meet all the qualifications of the program.
How does DACA work?
Millions of people were brought to the United States as minors and undocumented or overstayed their visas. These minors grew up in the United States. It is their home.
DACA allows this group of migrants to live and thrive in the United States. Even though current immigration law does not allow a direct path to citizenship, the DACA program allows qualifying migrants to stay, work, and live in the United States.
Currently, USCIS is not adjudicating new DACA applications due to legal challenges brought against DACA. An application is required for DACA protection. Once granted, DACA status is good for two years. It must be renewed.
Who qualifies for DACA?
You may qualify for DACA if you:
- You were born on or after June 16, 1981 (that makes you under age 31 as of June 15, 2012).
- Arrived in the United States as a minor before your 16th birthday.
- You arrived without official documentation or overstayed your visa.
- You had continuous legal residence in the United States from June 15, 2007 (a short and brief absence may be excused if your residence was continuously in the United States).
- Had no legal status in the United States as of June 15, 2012. If you had it previously, it may have expired or terminated.
- Have a high school diploma or GED, are in school or have an honorable military discharge.
- Do not have felony, serious misdemeanor, or 3+ misdemeanor convictions.
- Are not a national security or public threat.
There was a limited window of people who qualified for DACA status based on their ages and when they arrived in the United States.
DACA News & Updates
Earlier guidance for the DACA program, published in 2012, was updated on August 30, 2022.
President Joe Biden sought to strengthen and expand DACA protections. (8 CFR § 236.21-236.25).
On September 13, 2023, the U.S. District Court for the Southern District of Texas ruled that the modified DACA regulations were not lawful. However, the judge extended an injunction for current DACA recipients. That means if you currently have DACA, you can keep it and renew it.
However, USCIS stopped processing new DACA applications.
You must have received DACA before July 16, 2021, to renew. If you currently have DACA, it is still valid until it expires or until you renew it.
LEAVE YOUR IMMIGRATION WORRIES IN OUR HANDS
How to apply for DACA
To apply for DACA, submit the following:
- I-821D: Consideration of Deferred Action for Childhood Arrivals Form
- I-765: For employment authorization
- I-765W: Worksheet for employment authorization
- Application fee, with authorization form if you wish to pay by credit card
- Criminal history, if applicable
- Removal of proceeding documents, if applicable
To qualify for DACA, you must have supporting documentation. Things you may need to submit can include your passport, birth certificate, school records, or military records. You must show that you came to the United States before age 16 – this can be done with hospital and medical records, school records, bank documents, immigration orders, and tax receipts. You may use an affidavit of continuous presence if you arrived before age 8.
Note: As of this writing, USCIS is not processing new DACA applications. They are still accepting them, but they are not awarding new approvals.
DACA and DREAMers
DREAMers are people who may have benefited from the Development, Relief, and Education for Alien Minors (DREAM) Act. Although legislation relating to undocumented migrants arriving as minors has been introduced to the United States Congress multiple times, it has never passed. The Obama Administration announced DACA as an alternative to DREAMers legislation.
There is also a California DREAM Act — a California law that allows undocumented migrants arriving under the age of 16 and meeting qualifications to receive certain financial aid benefits.
Get Help from a DACA Lawyer
Getachew & Ansari Immigration Attorneys, P.C. works to put our clients in the best position for success. We know the law, and we keep up to date on the latest developments. You can get help from a DACA lawyer as soon as today.
Start your case by calling 408-292-7995 or messaging us online today.
