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 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

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.

    • Excellent lawyer office

      “To all people...!!!! Take Robert to be your lawyer, you are not gonna be disappointed. Robert know what to do, he is nice person and professional. Thanks Robert!!!!”

      Ivan Bojovic

    • HIGHLY RECOMMEND! EXCELLENT SERVICE!!!!

      “I highly recommend Milla & Associates LLC for all immigration cases. Attorney Robert Milla and Attorney Lauren McGee were always available to answer my questions. The overall staff was great! If my assistant wasn't available to answer my questions the receptionist was always so kind to answer my question. I had a marriage based case which was approved the same week I had the interview. I will definitely use their services again for my citizenship case!”

      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

    • Great Team!

      “Robert and his assistant Maria have done a great job for my marriage based green card application. The case went smoothly and got approved easily. Thank You!”

      Anonymous

    • Rest assured, Robert will be my choice!

      “I was recommended to Mr. Milla by a friend of mine who used him for her permanent residency application as well. Both my husband were touched by the fact that Robert took the time to get to know us during our first meeting with him, before we began the application process. Rest assured, Robert will be my choice as I go to apply for my citizenship in the next few years!”

      Surabhi

    • Robert is more then a attorney, he becomes a friend through ...

      “My husband and I have been working with Robert for many years and he has always been patient with us and will only do thing if were comfortable with them. He is very thorough and takes his time in explaining things, we could have not had a better attorney to assist us on my husband petition. He truly was blessing and we would recommend him to anyone!”

      Mayra

    • Excellent service!

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

      Viet

    • Robert is an outstanding immigration lawyer

      “Robert is an outstanding immigration lawyer and I would recommend him to absolutely anybody that is looking for a trustworthy and responsible service.”

      Camelia

    • He is very friendly, cool, patient and understanding.

      “I had a great experience having Robert as my attorney. He is very knowledgeable (he knows ins and outs of immigration matters). He is very friendly, cool, patient and understanding. He addressed all my questions and concerns. He is very responsive and organized. Any time I contacted him or his office, I had received my answer without any delay. He offers meaningful advice regarding your specific case. I highly recommend him for anyone in need of immigration attorney.”

      S. K.

    • We are very thankful for having met Robert and his team.

      “I first met Robert several years ago when I needed help navigating the immigration process of an application. Since then, my family and friends have gone to Robert and his team for guidance and representation. Robert has always been honest, professional and reliable. His team is very knowledgeable and are always up-to-date on immigration laws. They made us feel welcome and guided us every set of the way. We are very thankful for having met Robert and his team.”

      G. M.