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Deferred Action (D.A.C.A.)

D.A.C.A., which stands for Deferred Action for Childhood Arrivals, is a program announced by the U.S. government that provides at least some relief for immigrants who came to the United States as children. Despite what some may say, the program is not the DREAM Act that has been discussed in Congress for years. Instead, it is an executive order from the Obama Administration that allows individuals who qualify to avoid deportation for at least two years, with a possible extension at the end of those two years.

To qualify for D.A.C.A., you must meet the following requirements:

 

What benefits will D.A.C.A. provide?

If you apply and are accepted for D.A.C.A., you will not receive permanent residency or citizenship. You will, however, be eligible to apply for a work permit, a social security number, and possibly a driver’s license. You should also be aware that because D.A.C.A. is an executive order rather than a law passed by Congress, it could be taken away at any time.

The D.A.C.A. Process
Individuals wishing to apply for D.A.C.A. must submit a form I-821D, along with supporting evidence to prove the requirements listed above. D.A.C.A. applicants can also apply for a work permit by submitting forms I-765 and I-765W.

After submission of the forms and supporting evidence, applicants will undergo fingerprinting and a background check. If this concerns you, please know that the government has stated that it has no intention of using information from the applicant’s forms, fingerprints, or background check to initiate deportation against any immigrants involved in the process, including any family members mentioned on the application forms. From our experience, this has not been a problem for any D.A.C.A. applicants or their families.In most cases, applicants will not be required to undergo an interview during the D.A.C.A. application process.

Evidence/Documents to Support Your Request for D.A.C.A.

We will need to include evidence to prove each of the six requirements listed above. For example:

To show that you came to the United States before the age of 16, that you have resided in the United States for a least five years preceding June 15, 2012, and that you were physically present in the United States as of June 15, 2012, you may include:

• birth certificate, financial records, medical records, school records, employment records, or military records.

To show that you are currently in school, have graduated from high school, or have obtained a general education development certificate (GED), you may include:

• diplomas, GED certificates, report cards, and school transcripts.

To show that you were honorably discharged veteran of the Coast Guard or Armed Forces of the United States, you may include:

• report of separation forms, military personnel records, and military health records.

In October 2013, Josh Deere was chosen, based upon his success in D.A.C.A. cases, to teach a class on D.A.C.A. to members of the Colorado Bar Association’s Immigration Section. We consider it a great privilege to be able to help many young people obtain D.A.C.A. status and permission to work, and look forward to continuing to do so.

Call us today at (719) 633-3377, or email us, to find out why the immigration attorney Josh Deere at Deere Law, LLC has received an AV Preeminent® Peer Review Rating from Martindale-Hubbell® in Immigration Law; a Superb, 10 out of 10 rating in Immigration Law, and a “Client’s Choice” award from Avvo, a national lawyer rating service; and a Colorado Springs’ TOP ATTORNEYS award by Colorado Springs Style Magazine.