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Home > Deferred Action for Childhood Arrivals “DACA”

Queens DACA Immigration Lawyer Serving Throughout New York

Deferred Action for Childhood Arrivals (DACA)

New York DACA Immigration Lawyers Serving Queens County and Surrounding Counties

The Deferred Action for Childhood arrivals (DACA) program grants qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally.  Formerly known as the DREAM Act, the Deferred Action for Childhood Arrivals, DACA program can be used to help children pursue their dreams of staying in America and attaining lawful citizenship papers.

The New York City Dream Act attorneys at Gladstein & Messinger can help you with the process under DACA. To learn more, contact us today.

To qualify under DACA, an individual must:

  • Have arrived in the U.S. when he or she was under the age of 16;
  • Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
  • Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
  • Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more nonsignificant misdemeanors, or otherwise pose a threat to national security or public safety; and
  • Have been under 31 years on June 15, 2012

The deferred action offer is available to those in proceedings, those with final removal orders as well as to those who apply affirmatively.

President Trump has attempted to cancel the DACA program.  However, DACA renewals can still be filed.  Renewals should be filed between 150 and 120 days before the expiration of your work permit.  Please contact us to discuss the process for DACA renewal.

on June 18, 2020 the Supreme Court of the United States rejected the administration’s attempt to cancel the DACA program.  We will soon learn if this means that new DACA applications can be filed or if current DACA recipients can seek advanced parole and travel abroad.

Unlawful Presence Waivers

Certain aliens who have a US. Citizen or permanent resident spouse or parent now have a path to obtaining permanent residence that was not previous available.

USCIS is changed the process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with petitions filed by U.S. citizens for their spouse or parent. USCIS is also amended its regulations to allow certain relatives of U.S. citizens and lawful permanent residents who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications.  This is called an I-601A Waiver.

In the past aliens were forced to depart the United States and request waivers of inadmissibility during the overseas immigrant visa process, often causing U.S. citizens to be separated for extended periods from their immediate relatives.  The current provisional waiver process does away with most of the risk that a family member will be stuck overseas if they returned home to consular process for their immigrant visa.

Contact Our Queens Deferred Action Attorneys Today for Legal Help With Family Visas

For immediate assistance, contact us online or call a DACA immigration lawyer at 718-793-7800. We maintain a flexible office schedule to accommodate the needs of our clients, meeting with individuals by appointment only. We accept Visa and MasterCard.

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