Question 1

Do I Qualify For DACA?

Accepted Answer

Yes, you do if you meet ALL of these: You are currently 15 years old or older unless you have a final order of removal or are currently in removal proceedings - Then you can be under 15 years old. You were under the age of 31 as of June 15, 2012 If you were born on or after June 16, 1981, you qualify for the DACA age limits. You entered the United States before you were 16 years old and resided in the United States (not just visited). You have continuously resided in the United States since June 15, 2007 up to the present time; You could have left the U.S. for a short period of time between June 15, 2007, and August 15, 2012, and still qualify for DACA if your departure from the U.S. was brief, casual innocent and not related to an order of removal, expedited removal or voluntary departure order. You were physically present in the United States on June 15, 2012, when President Obama announced the program, and at the time of making your request for consideration of deferred action with USCIS; If you are not in the United States now, you cannot apply for DACA. You did not have lawful status on June 15, 2012; Therefore, if for example, you were in the United States on a student visa, or tourist visa on June 15, 2012 and it was still valid, you do not qualify for DACA. You are currently in school, have graduated or obtained a cetificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorable discharged veteran of the Coast Guard or Armed Forces of the United States. You do NOT have to have graduated from high school or recieved your GED at the time of filing for DACA. You must be enrolled and actively working towards your high school diploma, GED, or attending vocational training or other approved education programs at the time the DACA application is filed. You have not been convicted of a felony, significant misdemeanor, or three (3) or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. If the misdemeanor convictions were three or more but were related to the same incident, they all may count as one misdemeanor conviction. A DUI conviction disqualifies you. A domestic violence conviction disqualifies you. A simple assault conviction does not disqualify you. If you convictions were all based upon one incident, your multiple convictions may be counted as one conviction and you may qualify. We need to review your conviction record.

Question 2

I Have DACA. Can I Renew My DACA?

Accepted Answer

Yes. If you have been granted DACA before, you can submit an application to renew DACA.Renewals are for two (2) years You renewal application must be filed no later than one year from expiration. The best practise is to file for a renewal 150 days prior to expiration.

Question 3

If I Had DACA But it Expired, Can I Still Renew?

Accepted Answer

Yes. Depending on how long it has expired. USCIS will accept your renewal as long as it has not expired for more than one year!

Question 4

How Soon Before My DACA Expires Can I File to Renew it?

Accepted Answer

150 days prior to the expiration.

Question 5

I Have DACA. Can I Apply For Advance Parole That Allows Me to Return to the Country After Traveling Outside it?

Accepted Answer

USCIS will consider Advance Parole applications for humanitarian reasons, for employment reasons, or for educational reasons. This is determined on a case-by-case basis. May people obtain Advance Parole to visit their immediate family members like mothers and fathers or grandparents, or brothers and sisters. Also, many people apply to visit the final resting places of their loved ones. When the USCIS issues the Advance Parole document, you can depart the United States immediately but you must return prior to the expiration of the Advance Parole and your DACA. Ms. Cadenas understands this may be a stressful process, but she prepares you and it could be one of the best experiences of your life.

DACA/DACA Renewals

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