Atlanta Immigration Lawyers

Deferred Action for Childhood Arrivals (DACA)

Breaking News – January 14, 2018: YES! You can still apply for renewal DACA if your DACA expired at any time after September 5, 2016.

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 tool used by Immigration and Customs Enforcement (ICE) when they have every legal right to remove a person from the United States, but due to a compelling reason, they have chosen not to take action against that individual. DACA is not a long-term immigration solution. It does not waive any grounds of inadmissibility, such as entering the U.S. without authorization. However, it does allow a grantee to obtain a Social Security Number, a driver’s license, and it also allows for lawful employment.

For more information about DACA and your elligibity, contact Klinke Immigration and schedule a consultation with our experienced immigration attorneys in Marietta.

Who Is Eligible for DACA?

Traditionally, Deferred Action has been used for foreign nationals with severe medical conditions, for those with exceptionally strong ties to the United States, or for those who are eligible for a visa that is numerically unavailable. Up until DACA, Deferred Action was not something one could apply for proactively – it was something granted by ICE on a case-by-case basis. Deferred Action remains an option for many individuals today, not just those who came to the United States at a young age.

You may request consideration of deferred action for childhood arrivals if you:

  • 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 and up to the time of filing
  • 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
  • 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

Call (678) 713-4255 to discuss your DACA eligibility with knowledgeable Marietta immigration lawyers at Klinke Immigration.