If I am in removal proceedings, can I still apply for DACA?

////If I am in removal proceedings, can I still apply for DACA?
Deferred Action for Childhood Arrivals (DACA) is a program that is open to any one who meets the requirements.  This means that even if you are currently in removal proceedings, you can apply for DACA.  You can apply for DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012, meaning that:

·       You never had a lawful immigration status on or before June 15, 2012, or

·       Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;

  1. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  2. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Can I got to school now and qualify?

The question of in school confuses people.  Most people think it means that they had to go straight to school when they first came to the U.S.  What they don’t understand if they meet all other criteria they can go to a qualified program to learn English with the ulimate goal to get their GED or go straight to a GED program and still apply for DACA today.

What happens to my court case after I get approved for DACA

Depending on the Immigration Judge and the policies USCIS has in place if you find yourself in this situation, you may have to file a motion to terminate removal proceedings.  Today, the Trial Attorney (government immigration attorney) will agree to automatically close proceedings after you have been approved for DACA.  But that could change tomorrow.

Free Resources Available for You

If you face an immigration challenge we have some valuable resources for you:

  1. Do You Qualify for Legal Status?  If you aren’t legal in the U.S. you owe it to yourself to find out if you can get legal status.  Select the link, answer the questions, and find out for FREE.
  2. Do You Need an Immigration Attorney? You Might Not – I will explain when you need an immigration attorney.  Not every needs one.  I will also explain the benefits of hiring one in any immigration challenge.
  3. 7 Critical Questions to ask Before Hiring an Immigration Attorney – If you have decided that you need an immigration attorney, how do you make sure you hire a good one?  I explain to you the questions you need to ask before you hire your immigration attorney.
  4. An Immigrant’s Guide to Municipal Court – Here I discuss what happens if you get arrested by Immigration Customs Enforcement, what you need to know to get out of custody, and what to expect if you are placed in removal hearings.  I also explain the municipal court process and how a municipal court matter can result in your being placed into removal proceedings.

If you have immigration questions, we have answers.  You can,

  1. Call our knowledgeable staff at 888-695-6169;
  2. Fill out our contact us form on this page; or
  3. Select our live chat feature to speak to someone right away.

We help immigrants, one petition at a time.