Atlanta DACA Attorneys at Tadeo & Silva Immigration Attorneys

DACA: What Is it?

Deferred Action for Childhood Arrivals (DACA) is a policy that was implemented in 2012 by President Barack Obama.

The policy aims to provide administrative relief to undocumented immigrants who met certain requirements, the most important of which was that they were under 16 at the time of entry.

Temporary protection from deportation by the immigration authorities is granted once the individual has applied for and been granted DACA status under the DACA program.

The Current Status of the DACA Program

Approximately 600 000 undocumented immigrants currently hold D.A.C.A. status. The D.A.C.A. program continues to be beset by political influence, and legal challenges have affected the practical continuation of the D.A.C.A. program.

In 2022, DACA was ruled unlawful. As a result of this ruling, the government is prevented from granting DACA status to new applicants via prosecutorial discretion pending the outcome of the legal process.

Nevertheless, current DACA approvals and work authorizations remain valid, and the Department of Homeland Security will continue to process renewal requests for DACA and related employment authorization requests as necessary.

Although the situation is currently in flux, we at Tadeo & Silva Immigration Attorneys stay on top of immigration law developments. We will be happy to discuss your situation with you and explore your lawful residence or citizenship options with our experienced Atlanta immigration lawyers.

The Requirements for DACA Status

DACA status can only be granted if specific requirements are met. To qualify, you must show that you:

• Were younger than 31 years old as of June 15, 2012

• Were not yet 16 when you came to the United States

• Have resided continuously in the United States from June 15, 2007, until the present

• Were physically present in the US on June 15, 2012, and when you applied for DACA

• Originally came to the United States as an undocumented immigrant before June 15, 2012, or your lawful status expired before June 15, 2012

• Currently studying, graduated from high school or earned your high school or GED qualification, or were honorably discharged from the Coast Guard or military

• Do not have a felony conviction, certain significant misdemeanors, or three or more misdemeanors.

Validity Period of DACA Status

DACA status is valid for two years from the date of approval, meaning that your status and work authorization must be renewed every two years.

Starting the renewal process at least six months before your expiration date is a good idea.

Since the DACA program is continually changing, it is prudent to see an experienced and skillful lawyer to advise you on the recent developments in the law.

Can You Travel Abroad as a DACA Holder?

Although traveling abroad during the application procedure is possible, traveling after specific dates or for extended periods might harm your application.

Traveling abroad requires government authorization which is known as advance parole. An advance parole document is a travel document issued by the US Citizenship and Immigration Services (USCIS) that allows certain immigrants to legally travel abroad and return to the country. Using advance parole allows you to travel back to the U.S. without applying for another visa or nullifying your current application.

People commonly use it when they are pending permanent residency, adjustment of status, or asylum applications. DACA applicants may also apply for advance parole, particularly if they are traveling for educational purposes such as studying abroad or for academic research. Advance parole can also be applied for humanitarian or employment reasons.

Obtaining legal advice before you travel internationally is crucial to avoid any mishaps, such as being denied re-entry into the country after your travel.

Tadeo & Silva Immigration Attorneys are Here to Take Care of Your DACA Needs!