Deferred Action for Childhood Arrivals (DACA) is an immigration policy of the United States that allows for some individuals with unlawful presence in the U.S. after arriving as children to become eligible for a work permit in the U.S. and to receive a two-year period of deferred action from deportation. This two-year period of deferred action is renewable. If you are dealing with a DACA-related immigration issue, a DACA Immigration Lawyer NYC can help you.
The recipients of Deferred Action for Childhood Arrivals (DACA) are young individuals who have grown up in America and identify as Americas. Many DACA recipients only speak English, and it is not uncommon for them to lack a strong connection with the country in which they were born.
Depending upon the age they were when they were brought to the United States, there are many DACA recipients who may not have any memories of the country where they were born. Although these individuals may have lived in the United States for most of their lives, there is no way for them to obtain legal residency under current immigration laws.
With DACA, certain individuals who arrived in the United States as children and meet other guidelines are eligible to request consideration for deferred action. DACA allows eligible non-U.S. citizens to remain in the U.S. for two years.
However, this two-year time period is subject to renewal. In order to renew the deferred action, a DACA recipient must request the renewal and pay a fee of $495 every two years. The recipients of DACA are shielded from deportation and are also eligible for work authorization, in addition to some other benefits.
While the DACA program has some substantial benefits, it is important to understand that the DACA program does not provide a direct path to citizenship. It does not grant permanent resident status to the approved DACA applicants. In addition, it does not convey lawful status to a successful applicant, which is a governmental classification necessary to be eligible to apply for some forms of immigration status.
You should also be aware that DHS has the right to terminate any individual’s deferred action at any time. However, while submitting an application for DACA does not necessarily prevent an applicant from deportation, in most cases, the agency will not share an applicant’s information with another agency for immigration enforcement purposes unless certain criteria are met. If you want to learn more about applying for DACA and gain a better understanding of what the benefits would be for your individual circumstances, a DACA immigration lawyer NYC can help.
In order to be successful with your application for DACA, you must meet certain eligibility requirements for the program. Individuals seeking to become a DACA recipient must have arrived in the United States prior to turning 16 years of age.
It is also a requirement that a successful DACA applicant must also have lived in the U.S. since June 15, 2007. Another requirement is that they also could not have been more than 30 years of age at the time the Department of Homeland Security enacted the policy in 2012.
Additionally, you must also be able to show that you are a student or have graduated or earned a certificate of completion from high school, or a general education development (GED) certificate, or you are an honorably discharged veteran of the Armed Forces of the United States or the Coast Guard. A further requirement for a successful application is that you must not have been convicted of a felony, or of a significant misdemeanor or of three or more misdemeanors, and you must not otherwise pose a threat to public safety or national security.
A successful DACA applicant must provide evidence that they were living in the United States during all of the required time periods, as well as provide confirmation of their identities and proof of education. Additionally, a successful applicant must also pass fingerprint, background, and some biometric checks that record their identifying biological features. If you are applying to become a recipient of DACA, a DACA immigration lawyer NYC can help you ensure that you meet the necessary requirements and provide legal assistance throughout the process.
DACA is considered by many to be a successful immigration policy for the country. It has helped young people in a variety of different ways. In fact, the 2017 National DACA Study demonstrated that 91% of the DACA respondents were currently employed. In addition, their average hourly wage was $17.46 per hour, which was a significant increase from an average of $10.29 per hour before receiving DACA.
DACA has also resulted in substantial economic benefits. According to the same 2017 National DACA Study, about 65% of the respondents had purchased their first car. The average cost they paid for the vehicle was $16,469. Large purchases are beneficial for state revenue because most states collect a percentage of the purchase price as sales tax.
The study also demonstrated that 16% of the respondents were able to purchase their first home after receiving DACA. For the respondents that were 25 years of age or older, this percentage was 24%.
There are broad positive economic effects as a result of home purchases, which include new spending in local economies and the creation of new jobs. The 2017 study also showed that at least 72% of the top 25 Fortune 500 companies employ DACA recipients, which further boosts the economy.
In 2017, the DACA program was rescinded by the Acting Secretary of Homeland Security. This resulted in multiple lawsuits throughout the country to challenge the rescission.
In the Fourth and Ninth Circuit Courts of Appeal, in addition to many district courts, the decision to rescind DACA was ruled arbitrary and capricious, which meant it was an unlawful rescission of the program. The court did not rule on whether the DACA program itself is lawful or not. Additionally, the Ninth Circuit upheld a nationwide preliminary injunction which halted the repeal of DACA.
On the government’s petition, the case was heard by the Supreme Court of the United States. Department of Homeland Security v. Regents of Univ. of Cal., No. 18-587 (U.S. Jun. 18, 2020). Oral arguments in Department of Homeland Security v. Regents of Univ. of Cal. were heard on November 12, 2019, and the Supreme Court issued the decision on June 18, 2020.
There have been multiple legal challenges to DACA in the past. However, the most recent development in this matter was a decision issued in December 2020 by Judge Nicholas G. Garaufis of the United States District Court for the Eastern District of New York.
In this decision, Judge Garaufis reversed a memorandum that had been issued in the summer by the acting secretary of homeland security, Chad Wolf. This memorandum had restricted DACA’s protections to just those that had already enrolled. As long as the current ruling by Judge Garaufis stands, those eligible for DACA may now apply—allowing as many as 300,000 new applicants to apply for the program.
At the present time, the Trump administration is now required to accept applications to DACA programs. This is essentially a full restoration of the DACA program as established under the Obama administration. Though there may be legal challenges in the future, for now, President-elect Joe Biden has indicated that he intends to fully reinstate the DACA program.
While you do have the ability to apply for the DACA program on your own, hiring a DACA immigration lawyer NYC can help you navigate the process. A DACA immigration lawyer NYC can help you understand if you meet the eligibility requirements to successfully apply to the DACA program.
If the goal of achieving legal status in the United States is important to you, an experienced immigration lawyer can help you and your family take the steps necessary to achieve that goal and assist you with all immigration-related issues along the way. The attorneys at Feiner and Lavy, P.C. know what it takes to fight hard for immigrant families and get the results that they desire.
Even if you already know that you will qualify for the DACA program, it is crucial to make sure that the paperwork is in order and that all deadlines are met along the way. An experienced DACA immigration lawyer NYC will ensure that your application is correctly filled out and completed, which will help the process move along smoothly.
Contact us today at Feiner and Lavy, P.C. to learn more about how we can help you with your DACA application or assist you with any other immigration-related legal needs.
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