How to Know if DACA Applies to You - Wisconsin Immigration Lawyers

Four years ago, President Barack Obama signed Deferred Action for Childhood Arrivals, or DACA.

That action changed hundreds of thousands of people’s lives—those who were here illegally through no fault of their own.

If you’re considering applying for deferred action under DACA, it may be in your best interest to talk to a Milwaukee immigration lawyer as soon as possible.

What is DACA?

The Deferred Action for Childhood Arrivals impacts people who came to the United States as children. In order to be eligible for the program, these people must meet certain criteria; in order to apply for deferred action, individuals must:

  • Be under 31 years of age as of June 15, 2012
  • Have arrived in the U.S. while under the age of 16
  • Have continuously resided in the U.S. from June 15, 2007 to the present (brief and innocent absences are not typically included)
  • Have entered the U.S. without inspection or fell out of visa status before June 15, 2012
  • Be currently in school, have graduated from high school or obtained a GED, or have been honorably discharged from the U.S. Armed Forces
  • Have never been convicted of a felony, a significant misdemeanor, or more than three misdemeanors of any kind
  • Do not pose a threat to national security or public safety

Working in the U.S. Under DACA

If you’re granted deferred action under DACA, you will be lawfully permitted to work in the U.S. You’ll still need to apply for an Employment Authorization Document when you apply for DACA. When it’s granted, it will be valid for two years; you can renew it once that happens. However, you must wait until your Employment Authorization Document is issued before you can accept a job.

Deportation (Removal) and DACA

Removal is always a possibility for undocumented immigrants, and in many cases, it’s best to speak to a Milwaukee immigration lawyer before you apply for DACA. If the U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE) find out that someone is living in the U.S. without the proper documentation and does not meet the criteria for deferred action, they can elect to initiate removal proceedings.

Do You Need to Talk to a Milwaukee Immigration Lawyer?

If you’re interested in learning about whether you should apply for deferred action under DACA, call our Milwaukee immigration lawyers at 414-383-6700 or contact us online for an immigration case evaluation. We will be happy to evaluate your situation and give you the guidance you need.