Legal Defense and Representation for DACA Recipients

When the DACA program was first signed, it provided much-needed relief to a lot of young people who found themselves in the no man’s land of immigration policy. In recent years, however, the program has been embroiled in its fair share of controversy and political football; this has left a lot of people confused about what changes have been made, implemented, or are likely to be made. The confusing political discourse has left many DACA recipients still wondering how it might affect them or their ability to apply or reapply for deferred action depending on their particular circumstances and situation. 

If you are seeking to apply for the deferred action program or have questions regarding your status, the immigration attorneys at The Law Offices of Rios & Parada, PLLC, can help you.

Criteria For DACA: Who is Eligible?

When the executive order was signed, there were certain criteria to be met in order to qualify for the program. This criterion included:

• If a person was under the age of 31 as of June 15, 2012.
• If the person came to the United States before the age of 16.
• If you have resided within the United States since June 15, 2007.
• If you were present in the U.S. at the time of making your request for consideration to the United States Citizenship and Immigration Services (USCIS).
• Had no lawful status on June 15, 2012.
• If you are enrolled in school or have a certificate of completion from high school, earned a GED, or are an honorably discharged veteran of the Armed Forces of the United States.
• Have not been convicted of a felony, significant misdemeanor, or do not otherwise pose a threat to national security.

The Application Process: How Does an El Paso DACA Lawyer Help?

The process for initially applying for DACA requires that you first meet the above guidelines and then submit documentation to USCIS. Here’s a quick overview of the process:

1. Collect the documents and evidence proving you meet the necessary guidelines.
2. Complete the appropriate USCIS form. 
3. Mail and submit the forms along with the documentation.
4. Submit your biometrics.
5. Check the status.

The process can sometimes be held up or stalled due to improper form submission, lack of proper documentation, or other missing details. An experienced immigration attorney will make sure the process goes smoothly, and everything is submitted quickly and correctly. 

Important Changes Since 2018

Since 2012, the deferred action program has undergone changes and restrictions. USCIS has resumed accepting requests to renew a grant of deferred action under DACA. A recent change states that USCIS is no longer accepting DACA requests from individuals who had never before been granted deferred action. 

If you were previously granted DACA and it expired on or after Sept 5, 2016, you may still file a renewal request. If it expired before Sept 5, 2016, you may not be able to request DACA as a renewal. Deferred action is considered a discretionary determination, which means it can be terminated or denied. If you have questions regarding your DACA status, you want to contact an experienced DACA lawyer in El Paso who can help guide you and inform you of the process as well as any recent changes, all of which may affect your case.