Deferred Action For Childhood Arrivals (DACA)

Accént Legal the law office of Mark Kowalewski

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. This discretion is based on entry date to the United States, ongoing education, completed education, and criminal issues among many factors.

If your application is successful, you may receive a green card with a work permit.

Can my family get status through my DACA?

At this time, the DACA is only valid for the individual approved for your application.

Can I get permanent residency status (green card) with an approved DACA?

Unfortunately no, there is no legal path from DACA status to permanent residency at this time. Other options may be available through a family-based petition or humanitarian visa. A DACA recipient may consider a consultation with a licensed attorney to discuss other options.

Can I apply for DACA?

At this time, no initial DACA applications are being accepted by USCIS. There is pending litigation throughout the country regarding DACA renewal applications. A DACA recipient should consult with a licensed attorney before filing a renewal application.

Can I get a work permit with DACA?

Yes, DACA status allows for valid employment authorization during the period of DACA status. A DACA recipient can find out when his/her status expires easily by looking on his/her DACA status card.

Is DACA still going on?

Yes! Although USCIS is no longer accepting initial DACA applications, USCIS is still accepting DACA renewal applications depending on the date of DACA status expiration. Presently, there is pending litigation through the country regarding DACA renewal application. A DACA recipient should consult with a licensed attorney before filing a renewal application.

What is the fee to file for DACA?

The fee to request consideration of deferred action for childhood arrivals, including employment authorization and biometric services, is $495, and cannot be waived.

Can my DACA be taken away?

Possibly, DACA status is a grant of discretion by the federal government to withhold removal action against an individual for a period of time. This grant of discretion does not confer legal status and may be terminated by the federal government.

The approved DACA is valid for a period of time and must be renewed. If the DACA is not renewed, you will no longer be eligible for the benefits of DACA.

Further, contact with law enforcement such as arrest and/or criminal charges may adversely impact DACA status. If you have had contact with local or federal police, Border Patrol, or ICE, you may need to consult with a licensed attorney to assess your risks and options going forward.

Have Problems But Can't Consult Anyone?

(916) 442-4243

Accént Legal the law office of Mark Kowalewski

SEE OUR OTHER SERVICES

Green Card/Adjustment of Status/Consular Processing

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “Green Card.”

Citizenship/Naturalization

Naturalization is the process of U.S. citizenship being granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

Request for Evidence

A Request for Evidence (RFE) can be alarming. However, these are often an opportunity for clarification on your application package.

Interview Preparation

USCIS contacts applicants with an interview time. This interview is another opportunity to use an attorney to protect your interests.

Deportation Defense

Deportation (sometimes called “removal”) occurs when the federal government formally removes an alien from the United States for violations of immigration or criminal laws by going through Immigration Court proceedings.

Work Permit

A work permit may be available to you based on your status, circumstances, and your opportunity to submit applications that include a work permit.