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Immigration Law Blog

FAQ about DACA

Posted by Jacqueline Delgado | Jan 17, 2023

What is DACA?

Deferred Action for Childhood Arrivals (DACA) applies to individuals brought into the United States as undocumented immigrants when they were minors. The purpose of DACA is to allow these individuals, if they meet certain requirements, to remain in the United States as adults.

How Can I Qualify for DACA?

Individuals must meet all of the following criteria to submit a DACA request.

  • They were born on or after June 16, 1981
  • They arrived in the U.S. before their sixteenth birthday
  • They have continuously resided in the United States since June 15, 2007, until they filed their request for DACA
  • They were physically present in the United States when they filed a request for DACA
  • They were not a lawful immigrant when they filed a request for DACA; This may include individuals who had lawful immigration status, but that status has since expired
  • They have not been convicted of a felony or certain misdemeanors or pose a threat to national security or public safety
  • They are currently in school or have obtained a high school diploma or GED, OR they are an honorably discharged veteran

Can I Obtain Citizenship or Permanent Residence Under DACA?

No. DACA is not a path to immigration or citizenship. It allows individuals to defer their departure from the United States for two years and grants them work authorization.

If I Qualify for DACA, Can I Renew It After Two Years?

Yes. The law allows for additional and unlimited two-year renewals.

Am I Allowed to Travel Internationally?

Possibly. Individuals with DACA do not have the freedom to travel internationally without obtaining an advance parole. USCIS will determine each request on an individual basis. The reason for traveling out of the U.S. must fall under one of three categories: humanitarian, educational, or employment.

Is DACA a Permanent Law?

DACA is currently subject to lawsuits, and the law's applicability continually shifts as a result. While these cases wind their way through the court system, changes or pauses to the law should be expected. Working with a qualified immigration lawyer can ensure individuals stay current on the law and any changes to it.

How Can I Stay Up to Date on DACA?

Working with a legal team specializing in immigration law ensures you're kept current on changes to the law and how that might affect you. To schedule a consultation with experienced Palm Beach immigration attorney Jacqueline Delgado, call Delgado Law Group at (561) 342-1429 or schedule a consultation here.

About the Author

Jacqueline Delgado

Jacqueline Delgado is the Founder and Managing Partner at Delgado Law Group, focusing in the area of Immigration Law. Ms. Delgado has vast experience representing businesses and investors in their applications for EB-5 green cards, E-2, H-1B, L-1, O, and P visas. Further, she ha...

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