Jesse J. Bañuelos, a Los Angeles Immigration Attorney
DEFERRED ACTION FOR CHILDHOOD ARRIVALS [DACA]
BENEFITS OF DEFERRED ACTION
- receive legal immigration status for three years which will protect them against deportation/removal, even if they are in deportation/removal proceedings at the present time, or even if they have a pending deportation/removal order against them;
- receive a work permit;
- be eligible to apply for, and to obtain, a social security number;
- be eligible to apply for, and to obtain, a driver’s license; and
- be eligible to apply for, and to obtain, a permit to travel abroad to handle an emergency/urgent matter outside the US.
REQUIREMENTS THAT MUST BE MET TO BE ELIGIBLE FOR DEFERRED ACTION
1. Must have been under the age of 31 as of June 15, 2012;
2. Came to the US before reaching their 16th birthday;
3. Was at least 15 years old on June 15, 2012;
4. Have continuously resided in the US since June 15, 2007;
5. Was physically present in the US on June 15, 2012, and at the time of filing the application for deferred action;
6. Entered the US illegally before June 15, 2012, or if you entered legally–such as with a tourist visa–your lawful immigration status expired on June 15, 2012, or before;
7. Are currently in school [high school, night school, taking ESL classes, a certified vocational training course, etc.], have graduated, or have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the US;
8. Have not been convicted of any felony, of any significant misdemeanor, or of three or more non-significant misdemeanors. Significant misdemeanors include the following:
- domestic violence;
- sexual abuse;
- unlawful possession of a firearm;
- driving under the influence of alcohol/drugs;
- burglary; or
- any other misdemeanor offense for which the defendant received a sentence of 90 days or more in jail;
- [NOTE: If the applicant has been convicted of a significant misdemeanor, or if he has been convicted of three or more non-significant misdemeanors, the best way to proceed would be to file petitions in court to have those convictions expunged. Our office can prepare and submit such petitions in court] and
9. If you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention, you can apply for deferred action even if you are under the age of 15, just as long as you meet the other requirements. In all instances, you cannot have been 31, or older as of June 15, 2012.
NOTE: The USCIS has announced that it will be very strict when reviewing documents that are submitted for this program. That’s why it’s important for every applicant, especially for those who are having difficulty in obtaining all the documents necessary to meet the requirements, to consult with an experienced immigration attorney, such as Mr. Jesse J. Bañuelos.
WARNING: Those applicants whose applications for deferred action are denied because of their criminal backgrounds may be placed in removal proceedings. Because those proceedings could end with the issuance of an expulsion order against the applicant which could result in permanent banishment from the US, if you believe that you qualify for deferred action, and you wish to apply for it but have had runs-ins with the law, before you apply, it’s extremely important that you consult with an experienced immigration attorney, such as Mr. Bañuelos. Because he is hardworking and tenacious, Mr. Bañuelos has been successfully resolving difficult immigration problems, and has been winning difficult deportation and removal cases for over 20 years because he is tenacious and hardworking.