Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action. Deferred action can be terminated at any time at the agency's discretion or renewed by the agency.

Requirements for requesting DACA for the first time

You may submit an application for consideration of deferred action if you:
  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. 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;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. 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
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Note: These requirements must be met for consideration of deferred action for childhood arrivals. USCIS retains the ultimate discretion on whether deferred action is appropriate in any given case.

If any of the following apply to you, consult an attorney before applying for DACA

Previous immigration history:

  1. Lawful entry documents (visa, I-94, border crossing card)
  2. Immigration application filed with DHS
  3. Removal proceedings documents from DHS and the Immigration Court
  4. Results of an FBI background check showing any stops at the border
  5. Voluntary Departure order

Checklist of Documents for Initial DACA

Proof of Age

You must prove your identity and age (including that you were under age 31 on 06/15/2012.) You should also collect all your identity documents.
  1. Birth Certificate
  2. Passport (expired and current)
  3. Matricula Consular (expired and current)
  4. Any other official photo ID

Proof of entry date

You must prove you arrived in the United States before age 16
  1. I-94, Visa, Border Crossing Card
  2. School records / School ID Card
  3. Vaccination Records
  4. Medical Records
  5. Pay Stubs
  6. Rental Receipts

Checklist of documents to prove five years of continuous residence in the US from 6/15/2007 to Present

  1. Driver's license or other government issued ID documents
  2. School ID card
  3. Certificates / Awards from school
  4. Tax returns, W-2s, pay stubs from June 2007 to June 2012
  5. Insurance (car / health / home)
  6. School Records (cumulative transcripts are helpful)
  7. Medical Records (including vaccination records)
  8. Church Records (including baptism, communion or confirmation records)
  9. Community Service Records (from youth group i.e. Boys/Girls Scouts, or services organizations i.e. Boy and Girls groups)
  10. Sports Record i.e. Little League
  11. Bank account and/or credit card statements from June 2007 to June 2012
  12. House title or lease/rental agreement
  13. Utility bills (gas, water, electricity, phone etc)
  14. Memberships (gym, blockbuster, Sam's club, etc.)
  15. Birth Certificates of children born in the US
  16. Names of people who can provide declarations to support your case

Checklist of documents to prove your physical presence in the US on 6/15/2012

  1. Any receipts for purchases or ATM receipts made on June 15, 2012
  2. Paystubs or official time card showing June 15, 2012
  3. Letter from employers(s) attesting to presence on June 15, 2012
  4. Letter from Landlord(s) attesting to presence on June 15, 2012
  5. Date-stamped photos taken within the U.S. in an identifiable place
  6. Letter from pastor/priest
  7. Letter from coach

Proof of Education /Military Status

You must prove you are in school, graduated from high school, have a GED, or have been honorably discharged from the military.
  1. Proof of school enrollment (i.e. current transcript, proof of school registration)
  2. High school diploma
  3. GED certificate
  4. Military discharge documents

Here's How We Can Help You

  • We will review of your eligibility and identify any potential legal issues that may affect your eligibility
  • We will help you gather necessary documents in support of all relevant applications and petitions
  • We will prepare and submit all relevant applications and petitions with the appropriate U.S. Government office and ensure the submission of the correct filing fees
  • We will handle all communication with the appropriate U.S. Government office up until the interview is scheduled
If you would like to know if you are eligible for deferred action, contact the Law Offices of Raul Ray at (408) 279-5793 to request a consultation.
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