DACA

            

Deferred Action for Childhood Arrivals (DACA) is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. This does not confer lawful status upon an individual and is not a path to receiving permanent residency. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence. Under DACA, an individual whose case has been deferred is eligible to receive employment authorization for a period of 2 years, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion. A person granted DACA can renew after two years but will be subject to a criminal background check each time and the grant of extension is considered case by case.

An applicant for consideration of DACA will be required to submit a request to USCIS through Forms I-821D, I-765, and I-765WS with supporting documentation. The total inclusive government application, employment authorization, and biometrics fee is $465. There are no fee waivers but there are fee exemptions in very limited circumstances.

An individual who meets the following criteria may apply for Deferred Action for Childhood Arrivals:
1) Were you under the age of 31 as of June 15, 2012?
2) Did you come to the U.S. before reaching your 16th birthday?
3) Have you continuously resided in the U.S. since June 15, 2007, up to the present time?
4) Are you physically present in the U.S. on June 15, 2012, and at the time of application to USCIS?
5) Did you enter without inspection (illegally enter) before June 15, 2012, or has your lawful immigration status expired as of June 15, 2012?
6) Are you currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or have been honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces?
7) Have you not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, or do not otherwise pose a threat to national security or public safety?

If you answered YES to all questions you may be eligible for Deferred Action for Childhood Arrivals. We highly recommend you consult with us so that you fully understand the application process and the benefits and detriments you receive under the Deferred Action for Childhood Arrivals. This is essential because you will not have any avenues for appeals or motions to reopen or reconsider if you are denied deferred action. Basically you have a one-time chance to apply for DACA.
Jeffrey Y. Bennett
The Law Office of Jeffrey Y. Bennett, LLC
1828 Swift Avenue, Suite 425, N. Kansas City, MO 64116
Tel. 816-759-2776 English Line
Tel. 816-759-2777 Espanol Line
www.JYBennettLaw.com
Marshall Office: 3 N. Lafayette 660-886-2060
Sedalia Office: 416 S. Ohio Ave
DEFERRED ACTION FOR CHILDHOOD ARRIVALS DOCUMENT CHECKLIST

PROOF OF AGE
• Medical, Financial, School, Employment, or Military Records
• Birth Certificate
• Passport
• Matricula Consular

PROOF OF ENTRY DATE
• Medical Records- Vaccination Records
• Financial Records
• School Records / School ID card
• Employment Records-Pay Stubs
• Rental Receipts
• Declarations by those present at time of entry (only those in legal status)

PROOF OF 5 YEARS CONTINUOUS RESIDENCE IN US SINCE 6/15/2007
• Medical Records
• Financial Records-Tax returns, W-2s, pay stubs from June 2007 to June 2012
• School Records-School ID card, Certificates / Awards from school
• Employment Records
• Military Records
• Insurance (car / health / home)
• Driver’s license or other government issued ID documents
• Church Records
• Community Service records (from youth groups i.e. Boys/Girls Scouts, or service organizations i.e. Boys and Girls Club)
• Sports Records i.e. Little League
• Bank account and/or credit card statements from June 2007 to June 2012
• House title or lease/rental agreement
• Utility bills (gas, water, electricity, phone, etc.)
• Memberships (gym, blockbuster, Sam’s club, etc.)
• Birth certificates of children born in the US

PROOF OF PHYSICAL PRESENCE IN THE US ON 6/15/2012
• Medical, Financial, School, Employment, or Military Records
• Any receipts for purchases or ATM receipts made on June 15, 2012
• Paystub or official time card showing June 15, 2012
• Letter from employer(s) attesting to June 15, 2012
• Letter from landlord(s) attesting to June 15, 2012
• Date-stamped photos taken within the U.S. in an identifiable place
• Letter from pastor/priest/coach/teacher

PROOF OF EDUCATION/MILITARY STATUS
• High school diploma
• GED certificate
• Military records-discharge documents, report of separation forms, personnel records, heath records
• Proof of current school enrollment i.e. current transcript, proof of school registration, report cards

PROOF OF CRIMINAL RECORD
• All arrest records
• All court dispositions, expungements, vacateurs, withdrawals of guilty pleas

MISCELLANEOUS
• VD order
• Deportation order
• Other immigration documents
• Affidavits of persons to fill in gaps of evidence listed above


Current DACA statistics courtesy of USCIS:
Daca-13-3-15 PDF CHART CLICK HERE

For more information or to Schedule a Personal Consulation Contact

Jeffrey Y. Bennett
The Law Office of Jeffrey Y. Bennett, LLC

1828 Swift Avenue, Suite 425
North Kansas City, MO 64116
Tel: 816-759-2776 English
Tel. 816-759-2777 Espanol
Fax: 816-759-2769
www.JYBennettLaw.com

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