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How Can I Apply for Relief Under DACA?
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In January of 2021, President Joe Biden issued a memorandum making it clear that his administration intends to “preserve and fortify” Deferred Action for Childhood Arrivals (DACA).
The DACA program benefits young people illegally brought to the U.S. as children due to no fault of their own. If they meet specific criteria, DACA provides relief from removal (deportation) proceedings for two years, subject to renewal. It also makes applicants eligible to work in the U.S legally.
With that in mind, if you believe that you qualify for DACA, now is the time to act. Obtaining DACA status can help to solidify your place in the U.S. However, obtaining DACA status can be a complicated process, so it’s essential to work with an experienced Phoenix DACA lawyer you can trust. At Best Immigration Lawyer in Phoenix, our priority is to help you stay in the U.S. for as long as possible.
Notable Arizona and Phoenix DACA Statistics
Since the DACA legislation passed, it has had a profound impact on Arizona. Take a look at a few notable Phoenix DACA facts below.
- More than 25,000 DACA recipients are living in Arizona
- Phoenix ranks higher for its DACA applications than it does for its overall foreign-born population rank
- More than 85% of DACA recipients in Arizona reside in Phoenix
- Phoenix is known for having one of the highest DACA approval rates in the country
- Nearly 4 percent of all DACA recipients in the U.S. live in Phoenix
At Best Immigration Lawyer, we understand that “Dreamers” are forever a part of Phoenix. Our goal is to help keep you here with your family, friends, and aspirations for citizenship for as long as possible. Learn about DACA qualifications below.
DACA Requirements Checklist – Who Qualifies for DACA?
According to the U.S. Citizenship and Immigration Services (USCIS), you are eligible to apply for DACA in Phoenix if you meet the following criteria:
- You were under the age of 31 as of June 15, 2012
- You were brought to the U.S. before you turned 16
- You have physically resided in the U.S. since June 15, 2007
- You’re at least 15 years or older at the time of your DACA request (if you’ve never been in removal proceedings)
- You were physically present in the U.S. on June 15, 2012, and are physically in the U.S. at the time of your DACA request
- You’ve had no lawful immigration status on or before June 15, 2012
- You’re currently in school, graduated, obtained a GED, or honorably discharged from the Armed Forces of the U.S.
- You have not been convicted of a felony or significant misdemeanor (or three or more misdemeanors)
- You don’t pose a threat to national security
It’s important to note that certain individuals should not apply for DACA.
For example, if you’ve been convicted of certain crimes, left the U.S. without permission after June 15, 2012, convicted of domestic violence crimes, etc. Applying under the aforementioned circumstances could lead to removal.
If you are unsure if you meet the DACA requirements, contact a Phoenix DACA lawyer to discuss your eligibility and immigration options.
I’m Facing Removal in Phoenix – Do I Still Qualify for DACA?
Yes, you may still qualify for DACA. That’s true even if you are in the midst of removal proceedings, have received a final removal order or voluntary departure order. You may still qualify for DACA so long as you are not currently in immigration detention.
Individuals in immigration detention who meet the DACA qualifications are not allowed to request deferred action. Instead, they must identify themselves as potential DACA candidates to their ICE case officer.
Can I Appeal My Denied DACA Application in Phoenix?
You can’t appeal the determination made by USCIS to deny your application. However, you can request a review by contacting USCIS and following the appropriate procedure.
If you believe that you’ve been wrongfully denied, it’s in your best interest to consult with a DACA attorney in Phoenix as soon as possible. An experienced immigration attorney can help you navigate the complexities of immigration law and DACA qualifications.