At New Frontier Immigration Law, our DACA immigration lawyers in Phoenix, AZ, help clients apply for Deferred Action for Childhood Arrivals (DACA) or renew their approval as required. Implemented in 2012, DACA provides certain protections for those who came to the United States as children by deferring deportation and other actions against them. Those who qualify for this program are often known as “DREAMers.”
While this program is currently accepting new applicants and renewals in 2022, the process is often challenging, and there are frequent changes. In addition, there are some situations when a person who arrived in the United States as a child will not qualify and should not apply. Our attorneys will assess your case and may be able to help you avoid deportation, get a work permit, and more.
Applying for DACA
At New Frontier Immigration Law, we are very familiar with the DACA program, including who qualifies and the benefits you can receive. If approved for DACA, you may be able to receive a:
- Two-year work permit
- Driver’s license
- Social Security number
After being shut down for new applicants in 2017, United States Citizenship and Immigration Services (USCIS) began accepting new DACA initial applications and renewal on December 4, 2020. However, challenges in federal courts could shut this program down to new applicants again at any time.
Federal Court Cases Affecting DACA Applications
In July 2021, the US District Court for the Southern District of Texas ruled that DACA’s implementation violated federal law and issued an injunction prohibiting specific DACA activities. However, the Court temporarily stayed its order for those who already had DACA status or were renewing their status on or before July 16, 2021.
In following the Court’s order, DHS has advised that it will continue to accept DACA filings for new and renewing applicants. While it cannot grant initial DACA requests to first-time applicants, DHS will continue to review DACA renewal applications consistent with current policy guidelines.
Since this topic is contentious and the subject of multiple ongoing cases, it is best to contact an immigration attorney familiar with DACA policies and procedures. A lawyer with years of experience in immigration law will understand how policy changes and case law could affect your application. In addition, if DACA is not an option for your particular situation, your immigration lawyer could help you find alternative options that suit your circumstances.
For a free legal consultation with a daca lawyer serving Phoenix,call (623) 742-5400
Who Qualifies for DACA Benefits?
Eligibility requirements for the DACA program are as follows:
- The applicant must have entered the United States before their 16th birthday.
- They must have lived in the United States since at least June 15, 2007.
- They were born on June 16, 1981, or later.
- They did not have lawful status to be in the United States on June 15, 2012.
- They are in school, graduated from high school, or have a GED.
- They have not been convicted of a serious crime or three or more minor crimes, and they are not a threat to public safety.
If you meet the qualifications for DACA benefits, you will be required to submit documentation that demonstrates your eligibility. A Phoenix attorney specializing in immigration law and DACA procedures can help you collect the necessary documentation and streamline the process.
What if My DACA Application Is Denied?
There are many reasons why USCIS might deny your DACA application, including:
- Late submission
- Missing documentation
- Inconsistent information
- Incomplete forms
- Documents unsigned
- Missing fee payment or exemption paperwork
If USCIS turns down your application due to your error, you cannot resubmit your request for reconsideration. However, you can resubmit your application for any other denial rationale within the allotted timeframe. Your immigration lawyer can ensure you submit the necessary documents and information the first time to reduce the potential for rejection.
However, if your application was timely, complete, and included the necessary fee or fee waiver, you could reach out to USCIS to request a review of your application. You will need to provide details regarding the error and evidence to prove that USCIS’s mistake, not yours, led to your denial.
Phoenix DACA Lawyer Near Me (623) 742-5400
You must apply for DACA renewal based on your expiration date. If your initial two-year deferred action period is ending, you will need to apply for an additional deferment. To do so, you must prove you meet all the initial qualifications and that you:
- Did not leave the United States since June 15, 2012, without a valid travel document
- Have continuously resided in the United States since your most recent deferment
- Have not been convicted of a disqualifying crime
You submit the same paperwork for renewal as you did for the initial application. USCIS recommends completing your application at least four months (120 days) before your previous DACA approval expires.
One of the most common causes for denial is untimely filing, which means USCIS received or processed the renewal application after the DACA deferred action period expired. Your immigration attorney can ensure you meet the necessary filing deadlines and submit to the appropriate filing address. In addition, if your renewal application is timely but is denied due to a USPS or USCIS processing delay, your lawyer can assist you with a reconsideration request.
How New Frontier Immigration Law Helps Immigrants with DACA
New Frontier Immigration Law’s team of attorneys are immigration professionals who know the ins and outs of these regulations. Our attorneys are committed to assisting DREAMers—from initial applications and renewals to appeals and reconsiderations. We can help you understand your options and manage your case, whether you:
- Hope to get a work permit
- Seek financial aid for school
- Must fight removal proceedings
- Help a loved one who is currently detained
We know how challenging, stressful, and frustrating this process can be because many of our staff have been where you are now. You can learn about our services and how our immigration attorneys can help your family during a strategic session with our team. We may be able to help you change your immigration status and live the life you dream of living.
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Our Services for DACA Applicants
We believe in our thriving immigrant community here in Phoenix and want every member to live and work here without worry of being detained, removed, or facing other consequences. Our team will:
- Answer your questions about deferred action
- Explain how any recent DACA changes will affect your case
- Handle all your paperwork and forms
- Discuss the process with you and explain what to expect
- Suggest alternative options if DACA is not suitable for you
You can trust our team to be passionate, understanding, and judgment-free. We are here to help you build a brighter future for yourself, your family, and our community.
What Must I Do to Get Deferred Action?
At New Frontier Immigration Law, we manage the DACA application and renewal process for our clients. We weigh your options based on the facts of your case, determining if you qualify for deferred action and how it will help you. If we decide this is the best path to gain legal status to live and work here, we will complete your applications and submit them on your behalf.
You will need to provide some supporting documentation. We can offer specific examples and help you know what USCIS wants to see when evaluating your application.
Enrolling in DACA for the First Time
Although the Texas Court Order may ultimately affect the application process, you can still submit an initial DACA application for review in the meantime. In addition, our attorneys will stay informed of any legislative or legal updates to the program that may affect your ability to submit an initial application. If you are applying for the first time, you will use:
- Form I-821D: Consideration of Deferred Action for Childhood Arrivals
- Form I-765: Application for Employment Authorization Document
We will help you complete and mail these forms. You may also need to provide paperwork to prove your identity and establish that you were in the United States before age 16. Once USCIS receives your documents, the agency will schedule a biometrics appointment at a USCIS Application Support Center, usually the Phoenix office at 1330 South 16th Street, Phoenix, AZ 85034.
Please know that there are some circumstances when you should not attempt to enroll in DACA, such as if you arrived when you were older than 16 or outside of the qualifying dates. If this happens in your case, we can help you explore another option for getting the immigration status change you need. For example, if you or a family member are a member of the military or a student, you might have another path to obtain legal immigrant status or permanent residency.
Renewing Your Deferred Action
If you are renewing your deferred action, you must complete the same forms and verify that you meet all the qualifications. While this process should be straightforward, this controversial program changes regularly. As such, it is a good idea to work with an attorney who can help you overcome any obstacles or fight challenges to your approval.
Schedule Your Strategic Session With Our Team Today
Our New Frontier Immigration Law attorneys can help you assess your case and learn more about your options today. We provide strategic sessions for those who came to the United States as young children and need help applying for or renewing DACA.
Call to get started today.