Achieve Your Immigration Goals in The U.S. Trust your case to the honest & caring attorneys at Milla & Associates.

Understanding Deferred Action for Childhood Arrivals (DACA)

Our Chicago Immigration Attorneys Can Help You Receive And Renew Daca Benefits: (312) 702-1782

Deferred Action for Childhood Arrivals, or DACA, is a federal program initiated in 2012 to provide protection from removal from the United States and employment authorization for certain young undocumented individuals who entered the United State as minors.

While it is important to understand what DACA can do and how it could impact your immigration goals, it is just as important to understand what this federal program cannot do. DACA does not grant anyone a visa status and it is not a permanent benefit. This program does, however, allow eligible applicants to receive a two-year deferral of removal (deportation) and two years of employment authorization where need can be shown. Such benefits can be crucial to individuals dreaming of a day when they can emerge from the shadows and live in the United States without fear of U.S. Immigration and Customs Enforcement ("ICE") and removal (deportation).

With DACA, young persons are able to obtain a work authorization card, Social Security number, and possibly a state driver's license and ID. DACA recipients can seek employment and pursue and/or continue goals for work, school, family, and more. While DACA may not be a long-term solution to our broken United States immigration system, it offers significant benefits that are worth exploring.

Learn more about applying for and renewing Deferred Action for Childhood Arrivals (DACA) by speaking with our experienced immigration attorneys in our downtown Chicago office: (312) 702-1782.

Are You Eligible For Deferred Action For Childhood Arrivals (Daca)?

To qualify for deferred action, an applicant must meet a set of eligibility requirements, including:

  • You must have entered the United States before the age of 16.
  • You must have been physically present in the United States on June 15, 2012, and at the time of your application for deferred action.
  • You must have been under the age of 31 as of June 15, 2012.
  • You must have lived continuously in the United States since June 15, 2007, until the date of applying for deferred action.
  • You must have entered the United States without inspection before June 15, 2012, or had your lawful status expired as of June 15, 2012.
  • You must have no criminal record containing a felony, significant misdemeanor, or three or more misdemeanors of any nature.
  • You must not pose a threat to the safety of the public and the security of the United States.

In addition, an applicant for deferred action must demonstrate that one of the following applies:

  • You are currently in school.
  • You have graduated from high school or obtained a certificate of high school completion.
  • You have obtained your GED.
  • You are an honorably discharged veteran of the United States Armed Forces or Coast Guard.

The immigration attorneys at Milla & Associates, LLC are availableto answer any questions that you may have regarding applying for or renewing Deferred Action for Childhood Arrivals (DACA).

  • Filing initial applications for Deferred Action
  • Renewing applications for existing Deferred Action recipients
  • Pursuing applications and renewals for Employment Authorization Documents related to Deferred Action
  • Submitting applications for Advance Parole documents for travel outside of the United States based on Deferred Action
  • Strategizing immigration cases where individuals eligible for Deferred Action and existing Deferred Action recipients may also be eligible for other immigration benefits in the United States, such as immigrant visas and permanent resident status ("green card") based on family ties in the United States

Related Reading

Deferred Action for Childhood Arrivals Update

Moving Forward

On September 5th, 2017, the Deferred Action for Childhood Arrivals (DACA) initiative was rescinded by the Trump Administration in a controversial decision. Following and in no small thanks to public backlash and protests, it appears that DACA may still stay afloat. The United States Citizenship and Immigration Services (USCIS) has issued new instructions regarding DACA and its applicants.

Unless another federal decision intervenes, the USCIS has resumed and will continue to accept renewed applications for deferred action through DACA. Anyone who has previously been granted deferred action due to DACA may once again apply to the USCIS. People with previous DACA approvals can reapply even if their deferral request expired on or after September 5th, 2016.

Forms needed for a renewed DACA application include:

  • Form I-821D
  • Form I-765
  • Form I-765 worksheet

The USCIS cannot and will not accept deferred action requests from people who have never been given deferral through DACA. It will also not accept any request for advanced parole from a DACA recipient. Applicants whose last deferral expired before September 5th, 2016 may also not request a DACA renewal. However, they can attempt to re-receive DACA deferral through a new application filing; the key difference being that it will not be considered a renewal request.

DACA deferral is largely based on discretion, the USCIS also warned in its updated instructions. The Department of Homeland Security (DHS) maintains the power to strip DACA deferral at any time and without official notice, rendering a DACA recipient vulnerable to removal actions once again.

(For more information regarding the latest DACA update circa January 2018, you can click here to visit the official USCIS website announcement.)

How to Renew Deferred Action

If your DACA period has expired, you must submit a request to renew.

The steps to renew are as follows:

  • Complete and sign:
  • Follow the instructions on all three forms to submit them to USCIS. Make sure you submit the correct fees.

The United States Citizenship & Immigration Services (USCIS) usually processes renewal requests within 120 days.

    Chicago Immigration Attorneys – (312) 702-1782

    Do you have questions about DACA, how to apply, and whether or not you can gain another deferral from removal actions? Get all the answers and representation you need to navigate such a sensitive immigration law issue by working with Milla & Associates, LLC and our Chicago immigration attorneys. Call to schedule a consultation and discuss your eligibility to apply for and/or renew DACA, contact our firm as soon as possible. We look forward to speaking with you and helping you achieve your immigration goals in the United States.

    Contact us at (312) 702-1782 today to put a consultation on your calendar and get started towards a more secure tomorrow in America.

    • Best lawyer that i know

      “Robert is very knowledgeable and experienced lawyer and throughout all years he help me to get my green card even though it was denied once he still fought my case did not give up until I received my green card. after witnessing this I strongly recommend him. I also have sent multiple family members his way knowing that he will not give up until the result we want is achieved .all of his staff members are also very supportive and knowledgeable”

      ANILKUMAR PATEL

    • Excellent service!

      “Strongly recommend for marriage based immigrant! Excellent service!”

      Viet

    • Best Lawyer

      “Highly recommended! Justin is very knowledgeable, detail-oriented and approachable.”

      Ashkan

    • Excellent Service Better Attorney

      “Robert made sure I understood everything that was going on ad answered all my questions to the best of his knowledge. Before going to Robert for my immigration status, I looked around but other attorneys were not nearly as insightful or helpful as Robert. Robert always made sure that I was prepared for everything that I was going to through. For the interview he prepared me so well that I was not nervous when talking to the officers. Robert made sure I was aware of all the possible outcomes when I acquired his services. Robert made sure that I had the best experience possible for the trials that I was going to face with the immigration process. Result: Form I-751 Petition with waiver of joint filing (good faith marriage that ended in divorce) approved”

      Anubis

    • Very satisfied!

      “I am so happy to get Justin to help with my case! He is very professional and knows what he is doing. Looking forward to starting next step with him. Definitely will recommend him to my friends.”

      Carrie

    • Excellent Lawyer!!

      “It was a great opportunity for having Robert Milla as my lawyer in adjusting my immigration status. I highly recommend him!! I consulted few lawyers before but when the first time I met Robert, I felt so comfortable and decided to hire him right away. I am really thankful and very satisfied with his services. Until now I still can't believe that it's not even a week after the interview, I got my Green Card so quickly! I will definitely continue my business with him until I get my citizenship and to help out my family to get here in the US. And also his assistant, Maria did a great job on helping me and answering all my questions regarding my case.”

      Aileen

    • The best between all lawyers

      “Justin Hoefflicker worked with me through two years to apply on green card through employment-based, he is knowledgeable. He becomes my friend during this two years. he was supporting me in every step and always explaining always explaining why behind why for every step.. highly recommended him and Robert”

      Al

    • Personal immigration lawyer

      “Justin is my goto immigration lawyer. I came here as a student and Justin handled my H1B case couple of years ago. Although Trump administration was pushing back on many of the cases with RFEs, Justin gave a strongly worded response back and got me, my H1B. Last year, fortunately I met my now wife and after we got married, Justin handled our green card processing with ease and seamlessly. He has many contacts in the Immigration office, which made even more easier and hospitable for my interview. He was available throughout the interview and even helped on a couple difficult questions in between the interview. Throughout the processing, I found Justin highly organized and great understanding of the domain. He is very current with the news and changes to immigration laws and if he doesn't have answer then, you can expect an email to follow up with answers. I highly recommend Justin as a personal immigration lawyer.”

      Zak

    • Best lawyer

      “As a client, i was very impressed by the level of profesionalism and knowledge demonstrated by Robert Milla and his staff. I feld confortable, and trusted his abilities to obtain positive outcomes for my immigration case. I highly recommend Robert Milla and his firm”

      Anonymous

    • Highly recommend!

      “We were referred to Mr. Milla by our previous attorney, who felt that our case had "hit the wall." In our opinion, R. Milla was the best thing that happened to our case! After over three years filled with nothing but frustration, we've asked for Robert's help. Our case was approved and I received my Green Card in just a few months. Robert was always up-front and honest about the possible outcome, answered all our never-ending questions and addressed all concerns. The phone calls and e-mail communications were always answered in a timely and professional manner. Our case was based on marriage to US citizen and had some roadblocks along the way, but thanks to Robert's expertise, we are very happy campers now, planning our first vacation abroad! Result: Application for adjustment of status to permanent resident (“green card”) approved after filing a mandamus action in federal court for an unreasonable delay”

      Anonymous