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San Jose DACA Lawyer

Helping Dreamers Achieve the American Dream: (415) 233-4242

Certain people who illegally entered the United States as children (or “dreamers”) and meet strict criteria may qualify for Deferred Action for Childhood Arrivals, or DACA. What is DACA?

DACA provides temporary federal relief from deportation for two years, although, a person can petition for renewal. Those who receive protection under DACA are allowed to get work permits, and, depending on the circumstances, may be eligible for a driver’s license and in-state tuition. While DACA does a lot of things, it DOES NOT provide lawful status.

As of September 2020, 640,0760 people received DACA relief. You could potentially be next if you meet the eligibility criteria, and our San Jose DACA attorney is here to help you work towards that goal. Our goal is to protect your rights, provide strategic legal counsel, and help make the DACA application process as clear and seamless for you as possible.

Learn about your legal options during a consultation today. Contact us at (415) 233-4242!

Requirements to Qualify for DACA

What are the eligibility requirements for DACA? If you satisfy the requirements below, you potentially have a chance of filing for DACA with US Citizenship and Immigration Services (USCIS) and getting accepted.

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.

What Do I Need for My DACA Application?

The DACA application process tends to be confusing and long. You must gather various forms and documents, fill them out correctly, submit them by the corresponding deadlines, and await a response from USCIS.

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

Another important element of your DACA request is compiling and submitting all the correct documents to provide evidence that you meet the DACA guidelines. Your attorney can help you gather, review, and fill them out to ensure you complete this step correctly. Any minor mistake could result in a rejected application, so a lawyer is necessary for helping you apply for DACA.

The documents you need for your application include, but are not limited to:

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

Questions? We have answers. Whether you are a first-time applicant or reapplying, you can count on our San Jose DACA lawyer to help you through it all. Every step of the way, we will ensure no stone is left unturned and take the proper steps to maximize your chances of receiving relief from deportation under DACA.

Arrange a confidential consultation online or by calling (415) 233-4242 today! We look forward to speaking with you.

Why Choose Jay Terkiana?

  • Personal Attention

    Attorney Terkiana is involved with every individual case and his clients can reach him on his cell phone via call, text or email.

  • Focused & Customized Service

    We are not a Visa mill pumping through thousands of cases. We pride ourselves on providing personalized service to every client.

  • Over a Decade of Experience

    Attorney Terkiana went through the immigration process himself and has been successfully handling cases for 10+ years.

  • Proven Track Record

    Successfully handled thousands of immigration cases including individuals, start-ups, small businesses & large corporations.

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