San Jose DACA Lawyer

You may request DACA if you:

• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching your 16th birthday;
• Are at least 15 years old or older, unless you are currently in removal proceedings or have a final removal or voluntary departure order;
• 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 at the time of making your request for consideration of deferred action with USCIS;
• Had no lawful status on June 15, 2012, meaning that:
  • You never had a lawful immigration status on or before June 15, 2012, or
  • Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

The DACA application forms you need to complete and file include:

• I-821D, Consideration of Deferred Action for Childhood Arrivals
• I-765, Application for Employment Authorization
• I-765WS, Worksheet

1) Proof identity (i.e., Passport, birth certificate, school, or military ID)

2) Proof you came to the US before you turned 16, such as:

• Passport with an admission stamp
• Form I-94/I-95/I-94W
• School records from the USschools you have attended
• Employment records (pay stubs, W-2 Forms, etc.)
• Tax receipts, insurance policies

3) Proof of immigration status, such as:

• Form I-94/I-95/I-94W with an authorized stay expiration date
• A final order of exclusion, deportation, or removal issued as of June 15, 2012
• A charging document placing you into removal proceedings

4) Proof of presence in US on June 15, 2012, AND proof you continuously resided in the US since June 15, 2007, including:

• Employment records (pay stubs, W-2 Forms, etc.)
• Military records (Form DD-214 or NGB Form 22)
• Birth certificates of children born in the US
• Deeds, mortgages, rental agreement contracts
• Rent receipts or utility bills

5) Proof of your student status at the time of requesting DACA, which includes:

• Official records from the school that you are currently attending in the US
• US high school diploma or certificate of completion
• US GED certificate

6) Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the US, such as:

• Form DD-214, Certificate of Release or Discharge from Active Duty
• NGB Form 22, National Guard Report of Separation and Record of Service
• Military personnel records
• Military health records