Deferred Action for Childhood Arrivals

On June 15, 2012, President Obama announced a new policy entitled Deferred Action for Childhood Arrivals (DACA). This is a new policy developed by the Department of Homeland Security designed to allow certain young people who did not intentionally violate immigration law to continue to live and work in the United States.

This policy provides children who were brought into the United States without proper immigration documents or children whose immigration documents have expired and who have grown up in the United States to remain in the United States without continued fear of removal or deportation. Eligible immigrants must meet certain guidelines.

Who is eligible for DACA?

In order to be eligible for Deferred Action an applicant must:

  1. Have entered the United States before the age of 16;
  2. Have continuously resided in the United States since June 15, 2007 up to the present time, were physically present in the United States on June 15, 2012 and on the date of application;
  3. Be at least 15 years of age on the date of application;
  4. Not have reached the age of 31 on June 15, 2012;
  5. Be currently enrolled in school, have graduated from high school or earned a GED or be an honorably discharge veteran of the United States Armed Forces;
  6. Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors or otherwise pose a threat to public safety or national security.

Beware of Scams & Consultants!

This program has been identified by Immigrations and Customs Enforcement (ICE) as one in which young people can easily fall victim to consultants who promise great results and deliver nothing. ICE has formed a special unit for the sole purpose of identifying, investigating and prosecuting cases involving fraud. All young people should be very cautious about working with any consultant or any on-line organization to process the required documents for DACA.

Unlike most other programs, this one is considered to be fully “discretionary” on the part of the USCIS. What this means is that there are no appeal rights provided to any applicant. IF a consultant does a very poor job of representing an applicant and IF the application is subsequently denied, THERE IS NO APPEAL AND NO POSSIBILITY TO RESUBMIT THE APPLICATION. It must be done thoroughly and correctly the first time or the chances of disapproval are very high.

The attorneys of Milner & Markee, LLP are Certified Specialists in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization. They are very knowledgable about the details of the DACA program and their expertise has been provided on television and community organizations. They are qualified and prepared to represent clients for DACA.  By selecting Milner & Markee, LLP to represent you, you can be assured that your application package will be prepared with great care and attention to every aspect of applicable law. Your future in the United States could depend upon the outcome of your DACA application. You are invited to schedule an appointment with Milner & Markee, LLP to begin the application process.

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