What is DACA and How Are You Protected?

DACA, (Deferred Action for Childhood Arrivals), is an executive order that was signed by President Obama in 2012. The provision provides young immigrants who were brought into the United States illegally as children, to legally live in the U.S. While there has been much opposition to the DACA order, it’s still very much in place, and many young people are able to register with the Federal government to be granted DACA status. Here is what you need to know about your rights under DACA law.

What is DACA?

Contrary to popular belief, the DREAM Act (Development, Relief, and Education for Alien Minors) is not the same as DACA. After the DREAM Act failed to pass, President Obama enacted DACA to help young people who were brought into the United States illegally — which was no fault of their own.

DACA allows individuals to remain in the U.S without fear of being deported. Most individuals, often known as DREAMERS, who are living under DACA only know the United States as their home. Earlier this year, federal courts issued an injunction against President Trump’s decision to end DACA and prevailed. Eligible immigrants can now apply for DACA renewal benefits.

What Are The Eligibility Requirements for DACA?

To be eligible for DACA, you will have to supply documentation to support the following criteria:

  • Be under the age of 31 as of June 15, 2012.
  • Came to the U.S. when you were under 16 years of age.
  • Have lived in the U.S. continuously since June 15, 2007, to present.
  • Are currently in school, have graduated from high school or have a GED.

When renewing your DACA application, you must have continuously lived within the U.S since you last submitted your application information and undergo a background check.

Who is Not Eligible for DACA?

Individuals are not eligible for DACA if they:

  • Have been convicted of a felony offense
  • Have been convicted of a significant misdemeanor
  • Have been convicted of more than three misdemeanors of any kind
  • Pose a threat to public safety or national security
  • Have been dishonorably discharged from the Coast Guard or armed forces

DACA renewal can be an arduous task which is why it is essential to have an experienced Houstonimmigration lawyer at your side. If your DACA protection has been withdrawn, Sebastian Simon Law Group, PLLC can help you navigate through the process. We will ensure all necessary documentation is submitted timely and the information presented is correct. Contact us at (713) 839-0639 for more details on how we can help you with any of your immigration matters.