Reach Your Immigration Goals Through DACA In Missouri
Are you or a loved one in need of legal assistance with your Deferred Action for Childhood Arrivals (DACA) Missouri status? Look no further than Gateway Immigration Law Firm. Our accomplished immigration lawyers have a proven track record of success in helping clients navigate the complexities of immigration law.
If you’re facing DACA issues, don’t wait. Contact Gateway Immigration Law Firm today to schedule a consultation with one of our dedicated DACA lawyers. We’ll work tirelessly to protect your rights and help you achieve your immigration goals. With Gateway Immigration Law Firm by your side, you can rest assured that your case is in good hands. Call us today and let us help you start the next chapter of your life.
Why Do I Need A DACA Lawyer In Missouri?
The DACA program was established in 2012 by President Barack Obama to provide temporary protection from deportation for eligible individuals who arrived in the United States as children. The program has since provided relief for hundreds of thousands of individuals who have grown up in the United States and consider it their home.
However, the DACA program has faced several challenges in recent years, including threats of termination by the Trump administration, ongoing legal battles, and changes to the program’s policies and eligibility criteria. As a result, navigating the DACA program and ensuring that your rights are protected can be a complex and daunting process.
Here’s why it’s important to work with our DACA lawyer in Missouri:
- To ensure that your application is properly prepared and submitted
- Avoid any errors or omissions in your application that can lead to delays or even denials
- We can help you stay up-to-date on changes to the program and its policies and can help you understand how they may affect your case
- Protecting your rights and ensuring that you are not subject to immigration enforcement actions
- Help you understand your rights and options for avoiding deportation, including seeking relief through other forms of immigration relief, such as asylum, adjustment of status, or cancellation of removal
- Provide you with peace of mind and confidence in the legal process
By working with our immigration lawyer who understands the complexities of the DACA program, you can rest assured that your case is in good hands and that you have the support you need to achieve your immigration goals.
What Is DACA?
Deferred Action for Childhood Arrivals (DACA) is a policy that allows individuals who entered the United States as children to defer removal action for some time. It is not a path to permanent residency, nor does it grant lawful status. However, during the deferred action period, the individual will not accrue unlawful presence in the United States.
Those with approved DACA status can obtain employment authorization for two years but must demonstrate an economic need. The Department of Homeland Security (DHS) has the discretion to terminate or renew deferred action at any time, and renewals require a criminal background check. DACA recipients must go through a case-by-case evaluation for extension approval.
Who Can Apply For The DACA Program?
Eligibility for DACA requires the following:
- The petitioner arrived in the United States before their sixteenth birthday
- They have continuously resided in the United States since June 15, 2007, the date on which they submitted their application for deferred action
- They were physically present in the United States on June 15, 2012, as well as when they submitted their application for deferred action
- On June 15, 2012, the person lacked legal status
- The individual must not pose a threat to national security or public safety
- The petitioner must have one of the following legal statuses:
- Currently in school
- High school graduate or recipient of a certificate of completion
- Hold a General Education Development (GED) diploma
- Is an honorably discharged veteran of the United States Coast Guard or Armed Forces
What Are The Documents Required For The DACA Program?
Undocumented individuals who are eligible for the Deferred Action for Childhood Arrivals (DACA) program must have specific documents if they entered the United States before the age of 16 and after the application’s effective date. These documents are necessary to prove their eligibility for the program.
- Documents demonstrating age before 15 June 2012
- Payments received for any work, IRS, bank accounts, and credit history from 2007 to 2012, when the program took effect
- United States birth certificate or medical history
- The student’s educational history, including all notes, certificates, and awards from his or her instructional period
- Obtaining military honors and records at this time
- Participation records for sports clubs and community service
- Archived cell phone records
- The documentation of home leases and land titles
- A valid driver’s license
- Payment histories for electricity, water, television, and the Internet, as well as a gym and other club memberships
How to Apply for DACA?
To apply for a particular process, you may need to provide several documents that help to verify your identity and confirm your presence in the United States. These records are necessary to establish your eligibility for the process. Once you have gathered all the required documents, you can move forward with the application process by following specific steps.
- Forms I-765, I-765 Worksheet, and I-821D must be completed
- Submit the forms and fees via mail
- Schedule a biometrics appointment at your local USCIS application center and complete it
What Are The Benefits Of DACA?
When someone is approved for DACA, they can receive various benefits. For instance, they are allowed to live and work in the United States for two years, with the option to renew their status. DACA Missouri recipients can also apply for a work permit using USCIS forms.
Moreover, they are considered lawfully present in the US and may apply for a social security number, as well as a driver’s license in most states. In some cases, DACA recipients may also receive permission to travel outside the US for reasons such as education or employment, using the appropriate USCIS form.
What Are the Possible Risks and Downsides of Applying for DACA?
If you are considering applying for DACA, it is essential to consider your personal, immigration, and criminal history and weigh the potential risks of sharing this information with the US government.
DACA Has No Long-Term Benefits
DACA as a temporary solution only defers deportation under existing laws. DACA offers a three-year stay of deportation, a renewable Employment Authorization Document (EAD), and legal employment in the United States but does not provide a direct path to US legal residency.
DACA Requires the Disclosure of Personal Information That Could Eventually Lead to Deportation
USCIS has made it clear that the information provided by DACA applicants will not be shared with Immigration and Customs Enforcement (ICE) unless there are concerns related to national security, fraud, or public safety. However, immigrants who have a criminal record, including certain “significant misdemeanors,” juvenile offenses, or expunged convictions, are not eligible for DACA and may face deportation proceedings if they apply.
DACA is Not an Amnesty
DACA is not a form of amnesty or legal forgiveness for past immigration offenses. It also does not provide a pathway to permanent residency or a green card. Additionally, even if someone is granted DACA status, they may still be found inadmissible for a green card or other immigration benefits in the future.
Can I Get a Green Card With Deferred Action for Childhood Arrivals Program?
DACA does not offer a direct way for someone to obtain a green card, which provides permanent residency in the United States. However, there may be other legal ways to get a green card if you have DACA status.
For instance, if you’re the spouse or child of a US citizen or lawful permanent resident, you may be eligible for a green card. To find out if this applies to you, it’s best to talk to our immigration lawyer for guidance.
Which DACA Program Recipients Will Qualify for an Employment-Based Green Card?
Luckily, three main groups of people have been granted DACA status that may still be able to obtain a green card through employment.
Deferred Action for Childhood Arrivals Missouri Beneficiaries Who Are Eligible for 245(i)
INA 245(i) is a law that allows some people to apply for a green card in the US without leaving the country, even if they entered without permission or broke their immigration status. To qualify for this, the person or their family member must have filed a certain type of immigration form before April 30, 2001. Even if a DACA Missouri recipient was not directly sponsored by this date, they may still be eligible if their spouse or parent was sponsored.
DACA Missouri Recipients Who Have Less Than Six Months of Illegal Presence Since Turning Eighteen
If someone is not eligible for 245(i), they have to get their green card through consular processing at a US Consulate abroad. However, if they have been unlawfully present in the United States for more than 6 months, they will trigger a 3 or 10-year bar on returning to the US.
DACA Missouri Recipients With a US Citizen or Permanent Resident Spouse or Parent Who Qualify for a Waiver of the Three or Ten Year Bar
In some cases, individuals who have been in the US for more than 6 months without legal status may still be able to apply for an employment-based green card if they have a relative who qualifies to waive the 3 or 10-year bar.
If you have DACA and want to know if you can get an employment-based green card, or if you are an employer with a DACA employee and are concerned about the possibility of DACA being canceled, you can reach out to Gateway Immigration Law Firm to speak with our versed immigration lawyer.
How Can I Renew My DACA Status?
To renew your DACA status and work permit, you must meet the following eligibility requirements if your two-year DACA Missouri status is about to expire:
- They have not left the country since August 15, 2012, without advance parole
- They have continuously resided in the United States since their most recent DACA application was accepted by USCIS
- They have not been convicted of a felony, a serious misdemeanor, or three or more misdemeanors and pose no threat to national or public security
To avoid any gaps in your DACA status and potential issues with unlawful presence, it is important to submit your DACA renewal request between 120 and 150 days before your current DACA status expires.
If USCIS does not decide on your renewal request before your current status expires, you may start to accrue unlawful presence unless you are under 18 years old when you submitted the request. It is recommended to apply early to give USCIS enough time to process your request before your status expires.
Work With Our Seasoned Deferred Action for Childhood Arrivals Lawyer Today
Navigating the DACA program can be a complex and challenging process, which is why it’s essential to work with our DACA lawyer who can help you protect your rights and achieve your immigration goals.
At Gateway Immigration Law Firm, we have a proven track record of success in helping clients with DACA issues in Missouri. Whether you’re preparing to submit your initial DACA application, renew your status, or face other immigration challenges, our DACA lawyers are here to guide you every step of the way. We understand the importance of the DACA program and are committed to helping our clients achieve the security and peace of mind they deserve.
If you’re ready to move on to the next phase of your life, give us a call today. We can also assist you with Adjustment of Status, Applying for a Waiver of Inadmissibility, Diversity Visa, E-1 Visa, and Family Immigration.