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Frequently Asked Questions

Immigration

What is DACA (Deferred Action for Childhood Arrivals)?

DACA (Deferred Action for Childhood Arrivals) is a U.S. immigration policy that provides a quasi-legal status and employment authorization to certain individuals unlawfully present in the United States after being brought to the country as children. Initial applicants may qualify if they fit the following criteria:

·         Were under the age of 31 as of June 15, 2012;

·         Came to the United States under the age of 16;

·         Have continuously resided in the United States from June 15, 2007 to the present;

·         Entered the United States without inspection before June 15, 2012, or had lawful immigration status expire as of June 15, 2012;

·         Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;

·         Are currently enrolled in school, or have graduated from high school, obtained a GED, or been honorably  discharged from the Coast Guard or armed forces; and

·         Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors, and do not pose a threat to national security or public safety.

If you have questions about these requirements or the initial or renewal process of DACA, please contact The Law Office of James M. Wilkerson and one of our attorneys will be happy to explain the details and provide assistance as needed. 

What are the qualifications for DACA?

Individuals may qualify for DACA if they:

·         Were under the age of 31 as of June 15, 2012;

·         Came to the United States under the age of 16;

·         Have continuously resided in the United States from June 15, 2007 to the present;

·         Entered the United States without inspection before June 15, 2012, or had lawful immigration status expire as of June 15, 2012;

·         Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;

·         Are currently enrolled in school, or have graduated from high school, obtained a GED, or been honorably  discharged from the Coast Guard or armed forces; and

·         Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors, and do not pose a threat to national security or public safety.

Individuals who meet these requirements are considered eligible for DACA. Applicants are eligible for an initial period of two years which may then be renewed in two-year increments.

If you have questions about these requirements or the initial or renewal process of DACA, please contact The Law Office of James M. Wilkerson and one of our attorneys will be happy to explain the details and provide assistance as needed. 

How does one qualify for DACA renewal?

To qualify for renewal of DACA, individuals must:

·         Not have departed the United States on or after August 15, 2012, without advance parole;

·         Have continuously resided in the United States since submitting the  most recent approved request for renewal of DACA up to the present time; and

·         Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you have questions about these requirements or the initial or renewal process of DACA, please contact The Law Office of James M. Wilkerson and one of our attorneys will be happy to explain the details and help as needed. 

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