Deferred Action for Childhood Arrivals (DACA)
Our Orange County immigration law firm can help you determine if you qualify for DACA and help you with the DACA immigration process. On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual and does not provide an individual with lawful status.
IMPORTANT: DACA Recipients may become eligible for a green card by applying for and using Advance Parole travel document. For more, information, please visit our blog here.
Requirements to be Considered for DACA
Update: Executive Action on November 20, 2014 Expands DACA Program
What Qualifies as a Significant Misdemeanor?
In determining whether someone has been convicted of a significant misdemeanor, USCIS states that it will consider the totality of the circumstances regarding the criminal behavior and make decisions on an individualized basis. However, USCIS does use a set of guidelines while looking at criminal history.
These guidelines state that a significant misdemeanor is, for starters, a misdemeanor -- meaning, according to federal law, a crime punishable by five days to one year in jail regardless of the actual sentence imposed. A misdemeanor that includes any of the following offenses will be considered "significant":
What If I Have More Than One Misdemeanor on my Record?
If you have been convicted of multiple misdemeanors, but none of them constituted significant misdemeanors, USCIS may still deny your application. USCIS states that if you were convicted of three or more misdemeanors, your application may be denied even if none of the crimes was a significant misdemeanor.
What If I Have a Traffic Offense on My Record?
USCIS will not view minor traffic offenses, such as a speeding ticket or a ticket for driving without a license, as misdemeanors. This is important because many people have two or three traffic tickets in their history. These tickets will not disqualify you.
You might even consider using the tickets for evidence of presence in the U.S. if you do not have other documentation for a specific date as required by the application. However, any traffic offense involving driving under the influence (DUI or DWI) will be considered a significant misdemeanor no matter the sentence that was imposed.
Is It Safe to Apply for Deferred Action If My Criminal History Doesn't Include a Significant Misdemeanor?
If you have a misdemeanor in your past but you feel that it does not rise to the level of a significant misdemeanor, you should prepare documentation for USCIS so that the reviewer can determine that you are not disqualified from DACA. In addition to the other evidence you provide with your application, a certified disposition or other court documentation that provides details regarding your criminal background will be useful.
In addition, it would be helpful to have your attorney draft a brief memorandum regarding your criminal history indicating that you should not be disqualified from applying for DACA. Our law office recommends you seek legal advice from an immigration attorney and obtained the proper recommendations for your specific situation.
Orange County Immigration Attorney Will Help You with the DACA process
For assistance with DACA, you can contact our Orange County immigration law office at (714) 441-2800 to schedule an initial consultation with immigration attorney Mario Zapata. The initial consultation will help you first determine if you qualify for DACA. Moreover, Mr. Zapata could advise you as to potential benefits of applying for Advance Parole travel document after granting of DACA, and the possibilities of acquiring a green card.
IMPORTANT: DACA Recipients may become eligible for a green card by applying for and using Advance Parole travel document. For more, information, please visit our blog here.
Requirements to be Considered for DACA
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Update: Executive Action on November 20, 2014 Expands DACA Program
- No age ceiling
- Continuous residence requirement begins on January 1, 2010 (not June 15, 2007)
- Deferred action and work permit validity will last three years (no longer 2 years)
What Qualifies as a Significant Misdemeanor?
In determining whether someone has been convicted of a significant misdemeanor, USCIS states that it will consider the totality of the circumstances regarding the criminal behavior and make decisions on an individualized basis. However, USCIS does use a set of guidelines while looking at criminal history.
These guidelines state that a significant misdemeanor is, for starters, a misdemeanor -- meaning, according to federal law, a crime punishable by five days to one year in jail regardless of the actual sentence imposed. A misdemeanor that includes any of the following offenses will be considered "significant":
- domestic violence
- sexual abuse or exploitation
- burglary
- unlawful possession or use of a firearm
- drug distribution or trafficking, or
- driving under the influence of alcohol or drugs (DUI or DWI).
What If I Have More Than One Misdemeanor on my Record?
If you have been convicted of multiple misdemeanors, but none of them constituted significant misdemeanors, USCIS may still deny your application. USCIS states that if you were convicted of three or more misdemeanors, your application may be denied even if none of the crimes was a significant misdemeanor.
What If I Have a Traffic Offense on My Record?
USCIS will not view minor traffic offenses, such as a speeding ticket or a ticket for driving without a license, as misdemeanors. This is important because many people have two or three traffic tickets in their history. These tickets will not disqualify you.
You might even consider using the tickets for evidence of presence in the U.S. if you do not have other documentation for a specific date as required by the application. However, any traffic offense involving driving under the influence (DUI or DWI) will be considered a significant misdemeanor no matter the sentence that was imposed.
Is It Safe to Apply for Deferred Action If My Criminal History Doesn't Include a Significant Misdemeanor?
If you have a misdemeanor in your past but you feel that it does not rise to the level of a significant misdemeanor, you should prepare documentation for USCIS so that the reviewer can determine that you are not disqualified from DACA. In addition to the other evidence you provide with your application, a certified disposition or other court documentation that provides details regarding your criminal background will be useful.
In addition, it would be helpful to have your attorney draft a brief memorandum regarding your criminal history indicating that you should not be disqualified from applying for DACA. Our law office recommends you seek legal advice from an immigration attorney and obtained the proper recommendations for your specific situation.
Orange County Immigration Attorney Will Help You with the DACA process
For assistance with DACA, you can contact our Orange County immigration law office at (714) 441-2800 to schedule an initial consultation with immigration attorney Mario Zapata. The initial consultation will help you first determine if you qualify for DACA. Moreover, Mr. Zapata could advise you as to potential benefits of applying for Advance Parole travel document after granting of DACA, and the possibilities of acquiring a green card.