New Jersey DACA Lawyer Providing Counsel for Deferred Action on Childhood Arrivals Cases
Protecting Eligible Youths from Deportation
On June 15, 2012, the United States passed the Deferred Action on Childhood Arrivals Act (DACA), which grants individuals brought illegally to the United States as children the ability to seek employment authorization for two years without the threat of deportation. At the Morristown, New Jersey office of The Scheer Immigration Law Group, we determine if you are eligible for this consideration and if DACA is the right choice for your future.
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Requirements for DACA Protection
Though the Deferred Action on Childhood Arrivals Act aims to help hundreds of thousands of young illegal immigrants throughout the country, not everyone is eligible to take advantage of the measure. To be considered for DACA, you must:
- Have proof that you came to the United States before your 16th birthday
- Have been 30 or younger when DACA was instituted on June 15, 2012
- Be in school, be a high school graduate, or be a current or former member of the military
- Have never been convicted of a serious crime or pose no threat to public safety.
If you meet these criteria, our New Jersey DACA Lawyer can help you through the process.
Explaining the Benefits of DACA
For countless undocumented workers who arrived in the United States as children, finding odd jobs or getting a proper education can be nearly impossible. Thankfully, DACA will:
- Protect you from deportation or removal from the country
- Grant you the ability to obtain a job legally
- Allow you to stay in the country beyond the original two years after renewal
While DACA can be a fairly simple process for some, our skilled Morristown immigration lawyer at The Scheer Immigration Law Group can lend guidance and assistance to more complicated cases, as well. We make sure that your paperwork is filed quickly and correctly to avoid delays in the process. Remember, there is no appeals process for DACA, so it is vital to seek help from an experienced immigration attorney who can get it right the first time and settle any issues effectively right away.
>> Does this policy apply to those subject to a final order of removal?
Yes. An individual subject to a final order of removal who can demonstrate that he or she meets the eligibility criteria can request a review of his or her case and receive deferred action for a period of two years, subject to renewal. All cases will be considered on an individualized basis.
Individuals who believe they can demonstrate that they satisfy the eligibility criteria and are about to be removed should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, seven days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.
>> What is the status of DAPA?
President Obama announced DAPA, or Deferred Action for Parents of Americans and Lawful Permanent Residents, as an expansion of the DACA policies in November of 2014. It would have exempted parents of LPRs from deportation and granted temporary work permits. However, several states sued, claiming that DAPA was unconstitutional. A District Court issued an injunction effectively freezing DAPA in November 2015. The Supreme Court was deadlocked as of November 2016, setting no precedent and leaving the injunction in place.
>> Can a deferred action recipient with a valid work permit apply for a travel permit?
Plenty of people who’ve received deferred action and are living in the U.S. with a valid work permit want to leave temporarily. A person might be interested in studying abroad, traveling for business, or visiting a relative. Many, though, worry that if they leave they might not be able to come back.
If you have a valid work permit, you can apply for a travel permit with the I-131 form. You will need to supply proof of your reason for wanting to travel. Education, business, and humanitarian reasons (including visiting sick relatives or attending a funeral) are the only acceptable ones under current policy.
>> I’m eligible for deferred action and also in a serious relationship with a U.S. citizen. Can I apply for deferred action and then later apply for an immigrant visa or green card?
As long as a person has two legitimate paths to immigration, and there has been no instance of fraud in either case, a person may pursue both paths simultaneously or consecutively.
>> What happens if my application is denied? Will I get arrested?
You will not automatically be arrested or deported if USCIS denies your request for deferred action – USCIS will only issue you a letter of denial. If you are guilty of serious crimes, however, USCIS will probably report you to ICE.
You may not “appeal” a USCIS decision on deferred action, but you may request a “review” if you think you were denied because of an administrative error like the ones listed here:
Contact a Veteran Morristown New Jersey DACA Lawyer for Assistance with Your Deferred Action on Childhood Arrivals Issues
Call The Scheer Immigration Law Group at (973) 532-5330 or contact us online for Deferred Action on Childhood Arrivals help today. Our firm offers consultations and represents clients throughout Morris, Essex and Sussex counties. Our entire staff is bilingual.
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