Daca Lawyer Houston
Our Professional DACA Lawyer in Houston specializes in helping Deferred Action for Childhood Arrivals (DACA) applicants. We provide expert guidance through the application process, by guaranteeing proper documentation and compliance with immigration laws. With complete knowledge of immigration policies, we advocate for the rights and opportunities of immigrants, helping them solve complex legal challenges effectively.
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Top Deferred Action for Childhood Arrivals Lawyer - How to Secure Your DACA Status
Navigating DACA requirements can be challenging. That’s where a deferred action for childhood arrivals lawyer with the Abbasi Immigration Law Firm comes in. They help ensure you meet all legal criteria and deadlines, making the process smoother. This overview will explain how a lawyer can assist with your application, renewal, and overcoming legal hurdles.
*NOTE: As of May 3, 2024, first-time DACA applications are blocked and cannot be processed due to a court order however renewal applications can be submitted.*
Principales conclusiones
- Deferred Action for Childhood Arrivals (DACA) provides temporary protection from deportation and work eligibility for young undocumented immigrants, but it does not offer a direct path to lawful permanent residency or citizenship.
- The role of a DACA lawyer is crucial in navigating the application and renewal process, providing legal defense in deportation proceedings, and handling appeals for denied applications.
- Eligibility for DACA requires meeting specific age, residency, educational, and criminal background criteria, and the application process involves completing detailed forms and paying associated fees.
Understanding Deferred Action for Childhood Arrivals (DACA)
Deferred Action for Childhood Arrivals (DACA) was announced by President Obama on June 15, 2012, as an executive action to protect young undocumented immigrants from deportation. The Obama administration designed the program to provide temporary protection from deportation and work eligibility for those brought to the U.S. as children, often referred to as Dreamers. The intent was to prevent the deportation of children who had already assimilated into American culture and to offer them the opportunity to live without fear and pursue educational and professional opportunities.
DACA provides significant benefits, including work permits and protection from deportation for a renewable period of two years. It allows recipients to contribute actively to their communities in various fields such as medicine, public service, and organizing, reflecting their deep-rooted connection to the U.S.. However, DACA does not provide a direct path to lawful permanent residency or citizenship status. This limitation and the program’s temporary nature underscores the importance of staying informed and prepared for potential changes.
The DACA program faces ongoing legal challenges, adding layers of uncertainty for its recipients. Despite these hurdles, the program remains a crucial lifeline for many young immigrants. Grasping the history, benefits, and limitations of DACA is vital as it aids in navigating this intricate aspect of immigration law and helps to secure the ongoing ability to live and work in the U.S. without the threat of deportation.
Role of a Deferred Action for Childhood Arrivals Lawyer
The significance of a DACA lawyer with the Abbasi Immigration Law Firm is immense. Overlooking mistakes in DACA applications can result in delays or denials, making the presence of seasoned immigration attorneys indispensable to circumvent such setbacks. Our lawyers assist with gathering and correctly filing all necessary documentation for both initial applications and renewals, ensuring that every detail is meticulously handled.
Moreover, DACA attorneys with the Abbasi Immigration Law Firm provide crucial legal defense in deportation proceedings, which is vital for recipients facing removal. We also play a significant role in handling appeals if a DACA application is initially denied, offering tailored legal strategies to navigate these complex situations. The expertise of a qualified DACA lawyer can make a significant difference in the outcome of your case.
Beyond application assistance, immigration attorneys with the Abbasi Immigration Law Firm offer comprehensive legal support, including advice on eligibility, representation in immigration court, and help with other related immigration matters. They can guide individuals with DACA status on qualifying reasons for travel and the long-term implications of going abroad, ensuring that all actions taken are in the best interest of securing and maintaining your status. In these turbulent times, having an experienced attorney by your side provides peace of mind and a better chance of achieving a favorable outcome.
Eligibility Criteria for DACA Applicants
Anyone considering applying must familiarize themselves with the DACA eligibility criteria. To qualify, individuals must:
Have been under 31 years of age as of June 15, 2012
Have come to the U.S. while under the age of 16
Have continuously resided in the U.S. from June 15, 2007, to the present
Have been physically present in the U.S. on June 15, 2012, and at the time of making the DACA request
Applicants also need to meet specific educational or military service requirements. This includes:
Being currently in school
Having graduated from high school
Obtained a GED
Being an honorably discharged veteran from the U.S. Armed Forces or Coast Guard
Proving these criteria requires documentation such as financial records, medical records, school records, and military records. They play a crucial role in establishing eligibility.
A clean criminal record is another critical requirement. Applicants must not have been convicted of a felony offense, a significant misdemeanor, or three or more non-significant misdemeanors. A background check is mandatory, and any involvement in activities that pose a threat to national security or public safety, such as gang membership or organized crime, will disqualify an applicant.
Meeting these stringent criteria ensures that only those who truly qualify can benefit from the protections and opportunities provided by DACA.
Steps to Apply for DACA
The application process for DACA encompasses several vital steps and demands a close eye for detail. The process begins with completing Form I-821D, which includes personal information and sections addressing criminal, national security, and public safety concerns. It is essential to ensure that all pages of the form are from the same edition and have visible edition dates and page numbers. Additionally, Form I-765, along with the Worksheet (I-765WS), must be included in the application.
With advancements in technology, applicants can now file their forms online through a USCIS account, which allows for secure communication and tracking of application status. This online portal streamlines the process, making it more efficient and accessible. However, it is crucial to ensure that all forms are signed, as unsigned applications will be rejected.
The filing fees for DACA applications can be paid via money order, check, or credit/debit card using Form G-1450.
Applicants should also be prepared for additional costs, such as lawyer fees, which can vary depending on the complexity of the case. By following these steps and paying attention to the details, applicants can navigate the application process more smoothly and increase their chances of approval.
Renewing Your DACA Status
The biennial renewal of DACA status is an essential procedure to uphold work eligibility and safeguard against deportation. The U.S. Citizenship and Immigration Services (USCIS) continues to accept renewal requests based on the terms of the DACA policy prior to September 5, 2017. Renewal applications should be submitted well in advance of the expiration date to avoid any lapses in status.
The renewal process involves:
Submitting the same forms used in the initial application, including Form I-821D and Form I-765
Submitting two passport photos taken within 30 days of filing
Creating a USCIS online account to submit forms, pay required application fees, and track the status of the application
Typically, a receipt notice is sent within 2-3 weeks of filing, followed by a biometrics appointment notice within 4-6 weeks. The total cost of renewing DACA status and the work permit changes. Contact the Abbasi Immigration Law Firm office for the latest fees.
Processing times for DACA renewals can vary significantly, ranging from 3 to 18 months. Despite the non-refundable nature of the filing fees, timely renewal applications are crucial to ensure continuous protection and work authorization. By staying on top of renewal deadlines and requirements, DACA recipients can maintain their status and continue to benefit from the program’s protections.
Work Authorization for DACA Recipients
One of the main advantages of DACA is work authorization, which grants recipients the right to work legally in the United States. To obtain work authorization, DACA recipients must demonstrate economic necessity by including Form I-765 and Form I-765WS in their application. This process is initiated alongside the filing of Form I-821D,.
The Employment Authorization Document (EAD) granted to DACA recipients is valid for two years, coinciding with the period of DACA protection. When renewing their DACA status, recipients must also renew their employment authorization to ensure continued eligibility to work. If the current EAD expires, recipients must wait for the new EAD to be issued before resuming work.
The impact of work authorization on the lives of DACA recipients is profound. A significant majority report increased earnings and financial independence as a result of DACA. Additionally, a 2023 survey revealed that more than 90% of DACA recipients are either employed or enrolled in school, highlighting the program’s role in fostering educational and professional development.
This work authorization not only enhances individual livelihoods but also contributes to the broader economy.
Travel Outside the U.S. with Advance Parole
Advance parole permits DACA recipients to:
Travel internationally and return without impacting their status, thus enabling them to retain their DACA status during overseas travel
Travel for humanitarian, educational, or employment purposes
Establish lawful entry for future immigration adjustments
This option is particularly beneficial for DACA recipients who need to travel for these reasons.
To apply for advance parole, DACA recipients must:
Submit Form I-131, along with the necessary supporting documents and filing fee.
The application process can take approximately four to eight months.
It is important to note that the approval of advance parole is at the discretion of USCIS, meaning not all applications will be granted.
- For those needing urgent travel for humanitarian reasons, such as attending a fauneral or medical procedures, emergency advance parole may be an option.
It is recommended to pay the fee by credit or debit card at the USCIS field office. Understanding the process and requirements for advance parole is essential for DACA recipients who wish to travel internationally while maintaining their status. This option provides a vital lifeline for those with pressing needs to travel, ensuring they can return to their lives in the U.S. without jeopardizing their DACA status.
Navigating Legal Challenges and Changes in DACA Policy
Legal battles and policy changes breed continuous uncertainty among DACA recipients. As of a July 16, 2021 court injunction, the Department of Homeland Security (DHS) is prohibited from granting initial DACA requests and related employment authorization under the final rule. This has created a precarious situation for many, with the case potentially heading to the U.S. Supreme Court. In September 2023, U.S. District Judge Andrew Hanen ruled against DACA, allowing current recipients to renew their status but blocking new applications.
These legal challenges have a profound impact on the lives of DACA recipients, causing significant stress and uncertainty. Nearly 4 in 10 DACA recipients think about being deported daily, reflecting the high levels of anxiety surrounding their future. Despite these hurdles, a recent court order has revived DACA, allowing for new applications and restoring work permit terms to two years instead of one.
Given the vulnerability of the DACA program to new legal challenges and the unclear processing times for new applications, staying informed and seeking qualified legal support is crucial. Consulting with an experienced immigration attorney can help navigate these uncertainties, providing the guidance needed to secure and maintain DACA status amidst a shifting legal landscape.
Despite the temporary relief offered by DACA, many recipients aspire to achieve more permanent resolutions. One viable pathway to legal status is through employment-based visas, such as the H-1B visa. To qualify, DACA recipients must:
Have earned a bachelor’s degree or higher from an accredited university
Secure an employment offer from an employer willing to sponsor them
Have had an initial lawful entry to the U.S.
Have accrued less than six months of unlawful presence.
Employers can file an H-1B petition for DACA recipients while they are in the U.S., though recipients may need to leave temporarily if the petition is approved. The H-1B visa is a dual intent visa, allowing immigrants to become eligible for lawful permanent resident status after the six-year maximum stay.
For those with specific grounds of inadmissibility, such as unlawful presence or issues with their immigration status, a D-3 waiver may provide relief.
DACA recipients who are ministers or work in religious vocations may adjust their status through the EB-4 category for special immigrant religious workers. These pathways, while complex, offer hope for a more stable future and achieving lawful status. Legal professionals at the Abbasi Immigration Law Firm can provide the necessary support and explore all available options to help DACA recipients achieve permanent residency or citizenship.
Resumen
Securing your DACA status involves understanding the program’s benefits and limitations, meeting eligibility criteria, navigating the application and renewal processes, and staying aware of ongoing legal challenges. With the guidance of experienced immigration attorneys at the Abbasi Immigration Law Firm, DACA recipients can effectively manage their status and explore pathways to more permanent solutions.
In these uncertain times, staying informed and proactive is crucial. The journey to secure your DACA status and possibly transition to permanent residency is fraught with challenges, but with determination and the right legal support, it is achievable. Embrace the opportunity to live and work without fear, and take the necessary steps to build a stable and prosperous future.
Preguntas frecuentes
DACA is a program that offers temporary protection and work eligibility for undocumented immigrants brought to the U.S. as children. To qualify, applicants must meet specific age, residency, and education requirements, and have a clean criminal record.
Hiring a lawyer with the Abbasi Immigration Law Firm for your DACA application can help you avoid errors, gather necessary documentation, and provide defense in deportation proceedings, ultimately offering tailored legal strategies for navigating immigration laws. This assistance can significantly increase your chances of a successful application.
For your DACA application, you will need to submit Form I-821D, Form I-765, and Form I-765WS, as well as supporting documents like financial, medical, school, and military records to prove eligibility.
To renew your DACA status, you need to submit Form I-821D and Form I-765 along with two passport photos and the necessary fees. It’s important to start the renewal process well before your current status expires to prevent any gaps in coverage.
Yes, DACA recipients can travel outside the U.S. using advance parole, as long as they follow the necessary procedures and obtain the required documents.