Understanding Deferred Action for Childhood Arrivals (DACA)

Our Chicago Immigration Attorneys Can Help You Receive & 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 States as minors.

While it is important to understand what DACA can do and how it could impact your immigration goals, it is equally crucial to recognize what this federal program cannot do. DACA does not grant anyone visa status, nor is it a permanent benefit. However, the program allows eligible applicants to receive a two-year deferral of removal (deportation) and two years of employment authorization, given they can demonstrate need. Such benefits are vital for individuals dreaming of living without fear of U.S. Immigration and Customs Enforcement ("ICE") and removal.

DACA recipients in Chicago benefit from local programs and community organizations that support undocumented individuals. These resources provide educational support, job placement assistance, and advocacy, facilitating full utilization of the employment authorization provided by the program. Working with an experienced DACA lawyer in Chicago can help you navigate both legal and community-based resources to make the most of your DACA status.

With DACA, young persons can obtain a work authorization card, Social Security number, and potentially a state driver's license and ID. DACA recipients can seek employment and pursue various goals, including work, school, and family. While DACA may not be a long-term solution to our broken U.S. immigration system, it offers significant benefits worth exploring—and a DACA attorney in Chicago can be your trusted advocate every step of the way.

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.

Demonstrating your eligibility often requires extensive documentation, such as school records, military discharge papers, and proof of residency. Collaborating with a qualified attorney can assist you in compiling and submitting these crucial documents, maximizing the success of your DACA application. Local legal clinics and workshops held in Chicago offer additional resources to help you prepare your application thoroughly.

The immigration attorneys at Milla & Associates, LLC are available to 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

Collaborating with Milla & Associates, LLC enables you to not only apply or renew your DACA status but also explore other immigration pathways that might be available. This strategic approach helps ensure that your immigration plans are robust and adaptable to any changes in federal policies. Our office stays updated on the latest developments affecting DACA and immigration in general, positioning us to offer timely advice to our clients.

Chicago’s Local Support for DACA Recipients

Chicago is known for its vibrant communities and supportive infrastructure for DACA recipients. Numerous local organizations provide invaluable resources and services aimed at helping undocumented youth. These include legal assistance workshops, educational seminars, and community events that allow DACA recipients to build supportive networks. This framework not only helps individuals stay informed about their rights but also empowers them to be active participants in their communities.

The Chicago Public Schools have initiated programs to assist undocumented students, ensuring they have access to guidance counselors familiar with their unique situations. Similarly, city colleges offer resources that help DACA students navigate academic and financial challenges. By leveraging these local resources—and with the guidance of a trusted DACA attorney in Chicago—recipients can make informed decisions and maximize their opportunities for personal and professional growth within the city.

Community & Legal Advocacy

In addition to local resources, DACA recipients in Chicago benefit from robust community and legal advocacy. Organizations such as the Illinois Coalition for Immigrant & Refugee Rights engage in advocacy to protect and expand immigrant rights. This involves lobbying for favorable state legislation and representing immigrant voices at the federal level.

The legal landscape for immigrants is constantly shifting, but Chicago’s supportive community and legal framework provide pathways to maintain and renew DACA status effectively. Legal workshops, often held in collaboration with community organizations and guided by a DACA lawyer in Chicago, offer practical advice and up-to-date information on changes to DACA policies. Engaging with these networks ensures recipients are prepared for any changes in federal policy and remain compliant with all requirements.

Related Reading

• Supreme Court Rules Against Trump’s Efforts to End DACA

Deferred Action for Childhood Arrivals Update

Moving Forward

On September 5^th, 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 expires on or after September 5^th, 2016.

The evolving legal landscape around DACA requires recipients and applicants to stay informed about their rights and responsibilities actively. Our DACA lawyers in Chicago constantly monitor these changes, ensuring that applications are processed under the most current guidelines. We aim to empower our clients with the knowledge they need to maintain their status and take advantage of new opportunities as they arise. Understanding how these legal shifts impact your situation is crucial, and our firm is committed to being your source for reliable and actionable information.

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 5^th, 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:
  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals
    • Use the most recent version of Form I-821D on the USCIS website or they will reject your form.
  • Form I-765, Application for Employment Authorization
  • Form I-765W Worksheet (PDF, 238.54 KB)
• 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 action? 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.

Navigating the complexities of DACA and other immigration matters can be challenging without informed legal guidance. Our team in Chicago offers personalized consultations to help you understand your options clearly and confidently. Whether you're renewing DACA status, seeking employment authorization, or exploring pathways to permanent residency, we work diligently to align your immigration strategies with your aspirations. Don't hesitate to reach out for a consultation—your journey towards a more secure future in the U.S. is important to us.

Frequently Asked Questions

What Documents Are Needed to Apply or Renew DACA in Chicago?

Applicants need to provide several key documents, including Form I-821D, Form I-765, and Form I-765 Worksheet. Further, identity documentation, proof of residency, and other evidence supporting legal DACA requirements must be submitted. Ensuring all documents are correctly assembled is crucial to avoid delays. Legal consultations are highly recommended if you encounter difficulties.

Can I Travel Internationally with DACA?

Travel outside the United States is possible with Advance Parole, a document allowing DACA recipients to re-enter the U.S. Understanding the risks and requirements is essential, as policy changes could affect re-entry conditions. Always consult legal advice before considering international travel with DACA status.

How Can Milla & Associates, LLC Aid in My DACA Process?

At Milla & Associates, LLC, our dedication to client advocacy ensures your case is handled with the attention it deserves by an experienced DACA attorney. We help compile necessary documentation, navigate legal complexities, and provide ongoing support tailored to your unique case. Our commitment extends beyond legal services; we aim to foster confidence and clarity in every client interaction, empowering you to pursue your immigration goals actively.