Las Vegas DACA Lawyers

If you’re a young adult that’s lived in the United States for most of your life, yet happen to be undocumented, you may be eligible to remain in the country under a program called the Deferred Action for Childhood Arrivals (commonly referred to as “DACA”).

DACA is a Form of Temporary Immigration Protection

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The first thing to understand about Deferred Action for Childhood Arrivals, or “DACA”, is that it’s a program that permits certain individuals, who came into the country as children and meet certain other requirements for eligibility to apply for consideration of deferred action. If “considered,” the duration period is two years, subject to renewal, and subject for work authorization. In simple terms, DACA offers a form of temporary relief pending anticipated immigration reform at some point in the future.

In order to be eligible under DACA, you must be able to answer “yes” to the following questions:

• Did you arrive in the U.S. prior to turning 16?
• Were you under the age of 31 as of June 2012?
• Have you continuously resided in the U.S. since June 2007?
• Are you currently receiving or have you received a high school diploma or GED?
• If you served in the United States military, you were honorably discharged?
• Have you had a clean criminal record? Meaning you have no felony convictions or significant misdemeanor(s).

If you can answer in the affirmative to these questions, you will be eligible for relief under DACA.

How to File a DACA Application

To file for DACA, you must:

• Provide documents for proof of eligibility
• File an Application for Consideration of DACA (Form I-821D), an Application for Employment Authorization (Form I-765), and the Form I-765 Worksheet
• Mail the application with fees
• Submit biometrics and wait to receive a decision

Renewing Your Deferred Action

If you’ve previously been granted deferred action under the DACA program and your two-year deferred action is up for renewal, you can file an Application for Temporary Protected Status, Form I-821.

The United States Supreme Court Upholds DACA

As of 2017, the DACA program faced significant uncertainty regarding whether it would continue into the future. Many who were part of the program, euphemistically called “Dreamers,” rightfully worried about their futures if DACA were to end.

The Trump Administration’s Push to End DACA

In 2017, President Donald Trump ordered an end to the DACA program primarily due to his stance and that of several states that the program was “unlawful.” This would mean no further acceptance into the DACA program and the possibility of Dreamers being deported despite the promises and assurances of the federal government during President Barack Obama’s Administration that such a thing would never happen. It was those assurances and promises Dreamers relied upon in applying to the program in the first place.

However, after President Trump’s order seeking to end DACA, several lawsuits were filed against the federal government regarding the issue and the United States Supreme Court decided to take on the case to decide whether President Trump’s order could be lawfully enacted or not.

Supreme Court Ruling

On June 18, 2020, the Supreme Court, in a case entitled Department of Homeland Security v. Regents of the University of California issued its ruling rejecting the Trump administration’s petition to end DACA. The ruling was a huge relief for Dreamers and their supporters because it allows the DACA program to continue.

DACA Requires Careful Consideration

It’s estimated that approximately 20% of the population of Nevada was born in another country. Given that fact, there is a sizable part of the local population that may be eligible for relief under DACA and to whom the law applies. If you believe you’re eligible for DACA, contact a good immigration attorney immediately to find out how you can apply for the program to receive the protection you deserve. To apply for relief under DACA, or to better understand the program, it’s important to speak with an experienced and reputable immigration lawyer.