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DACA Requirements
Do you know that you can become a legal permanent resident through a DACA application? The Deferred Action for Childhood Arrivals or DACA immigration policy is currently under hot waters as the Supreme Court oversees the government’s move of changing the legislation. What this means is that if you plan on filing for DACA, you can avoid putting yourself at risk of facing a denial or removal proceeding by letting Andres Mejer Law evaluate your case. Below we look at the different requirements to get DACA and the common mistakes you need to avoid.
To apply for your initial DACA or to renew your status, you will have to fill out form I-821D. Instead of showing you have not been disqualified for the last 2 years, you will need seven requirements.
When you apply for DACA for the first time, you must meet the following eligibility requirements:
Getting advance parole helps you not to be disqualified for getting a green card through DACA. Advance Parole gives you permission to leave the US and re-enter. Since DACA doesn’t give you legal status without advance parole, if you leave the US you forfeit not only DACA but also the possibility to return to the US for at least 10 years.
Everyone with DACA can apply for advance parole except for those who have been deported, convicted for a serious misdemeanor (felony), or 3 or more misdemeanors. If you can prove that you entered the U.S. legally, you won’t need Advance Parole because you are already eligible to undergo adjustment of status if you have an immediate relative with citizenship or legal permanent residency.
Getting advance parole is as simple as filing form I-131. But unlike the Military Deferred Action or Temporary Protected Status, you need a really good reason to travel outside of the US. Below are acceptable reasons for travel:
Applying for DACA and advance parole can get complicated given the immigration changes under the current administration. This is why it would benefit you to get legal advice from lawyers who were once immigrants like you. Andres Mejer Law is focused on getting your legal status. Our immigration attorneys offer Immigration fees would depend on the processes you need to undergo and our law firm would be happy to provide you an estimate during your case consultation.
If you want to achieve legal status but disqualified for DACA, you can explore other paths such as green card or citizenship, or DACA. Although DACA is often the last option taken since it only gives protection from deportation and work authorization, it is a viable path towards the attainment of a U.S. citizenship or green card. Call Andres Mejer Law today to learn how you can get yours.
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