Home Immigration I-821D – Consideration of Deferred Action for Childhood Arrivals (DACA)      

Glendale Attorney Assists Clients Appling for DACA Status

Consideration of Deferred Action for Childhood Arrivals, or DACA, gives certain individuals the right to live and work in the United States. Form I-821D must be filed to apply for DACA status. Once granted this status, you gain the ability to live and work legally in the U.S. on a temporary basis.

If you need assistance from an immigration attorney in Glendale on this critical legal matter, contact Aratta Law Firm at (818) 550-1111. The experience and skills of our immigration lawyer can be of great benefit in ensuring your application is completed correctly and submitted with all the necessary supporting evidence and documentation.

     

What Are the Eligibility Requirements for DACA Status?

The eligibility requirements for DACA status include:

  • You have not left the U.S. on or after August 15, 2012, unless you have been granted an Advance Parole document from USCIS.
  • You were under age 31 as of June 15, 2012.
  • You entered the U.S. before turning 16 years old.
  • You have been living continuously in the U.S. since June 15, 2007, to the present day.
  • You are currently enrolled in school, graduated, have a GED, or you were honorably discharged from the Armed Forces.
  • You have never been subject to a removal proceeding, or the proceeding was terminated by a judge before submitting Form I-821-D.
  • You have not committed any felony offenses, a series of significant misdemeanors (domestic violence, sexual abuse, unlawful use of a firearm, drug trafficking, burglary, DUI, or a misdemeanor that carries a sentence of over 90 days). Three or more “non-significant” misdemeanors can also bar your chances to gain DACA status, which are federal, state, or local offenses that carry penalties of five days to one year, occurring on separate occasions.
  • You are not considered a “threat to national security.” Any history of anti-U.S. actions, criminal, or terrorist connections will bar you from being eligible for DACA status.
  • If you were granted DACA status and need to extend it, you must have lived in the U.S. continuously since the last grant.
  • If you are currently in a removal proceeding, have received a final removal order, exclusion, or deportation or voluntary departure order, you can file form I-821-D to request deferred action for your situation.
     

Dreamers: Filing for DACA Status

Form I-821-D has seven sections to fill out, each of which must be fully completed, with all required documentation submitted with the form. You will be required to provide biographical information, your current immigration status, and reveal whether you are involved in any removal or deportation proceedings. You must submit information about your travel and residence history, and whether you have served in the U.S. Armed Forces.

If it is your first application for DACA status, you will be required to provide information about how and when you entered the United States. You will be asked to provide full information regarding your criminal record and national security issues. Once completed, you must certify that all of the information you have provided is accurate. These forms require extensive documentation and information, and you may choose to get the help of an immigration attorney to ensure your form is not missing any required information or documentation. In fact, we encourage legal representation as delays and denials will certainly waste your time and future window of opportunities in your ventures.

     

What are the Benefits of DACA Status?

Undocumented immigrants who entered the U.S. as children can be granted DACA status, which allows for several vital benefits:

  • You are temporarily protected from deportation.
  • You gain the ability to legally work, and a Social Security number.
     

How Long Will It Take to Achieve DACA Status?

If your form was correctly completed, you may be scheduled for an interview at a USCIS office in your area, or you may receive a “RFE” or “Request for Evidence.” If your form was incomplete, or the supporting documentation was incomplete, your form will be sent back to you. You have no real guarantee that you will be awarded DACA status, as USCIS has the right to refuse to grant this status for any reason. Many people seeking “Dreamer” status choose to work with an immigration lawyer to increase their chances of success, and to avoid the pitfalls of an incorrect or incomplete form. USCIS attempts to process DACA applications within 120 days. The processing time is typically from four to eight months.

At Aratta Law Firm, we are proud to serve the Dreamers, and to assist in the process of achieving the safety and security of DACA status. Contact us at (818) 550-1111 to speak with us.