Who is eligible for deferred action

For assistance with applying for DACA and Advance Parole, or if you just have questions about these benefits, please email us at dream legal-aid. The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.

You should not act upon any information without retaining professional legal counsel. Legal Aid Society Need Help? Call If you have a DACA renewal application pending, you can keep renewing until further notice. If you have a pending initial DACA application, there is an indefinite freeze on that application.

It will be frozen indefinitely. If you have advance parole through DACA, it is still valid. Are you eligible for initial DACA? You may be, if you meet the below requirements. A denial of an application for deferred action cannot be appealed.

However, the applicant could file again and pay the fee again. Note that it may be risky to apply for DACA. Individuals should only apply after consulting with a qualified attorney. Additionally, even if they are granted DACA, the status is completely discretionary and can be revoked in the future.

Given that only Congress can confer the right to lawful permanent resident status or citizenship, it is essential that we continue to work towards the passage of the DREAM Act.

If you have specific questions about whether you qualify, please use the contact us page on our website to submit your question. The government has resumed DACA renewals — at least for now.

You can apply if your DACA is expiring within the next 6 months days and if you are in the same legal position as you were when you filed your original DACA application. However, if you have been arrested, charged with a crime, convicted of a crime, or accused of violating immigration laws in some way, you should consult with an attorney before filing your renewal application.

You should file your request between and days before your current grant of DACA expires. If you would have been eligible to apply for DACA but now cannot apply, it may be a good idea to gather the relevant documents, in case of a change in policy. This includes evidence of physical presence in the United States, education or work history, community involvement and family relationships.

Even if a requestor establishes that their situation meets one of the examples above, USCIS may still deny the request for advance parole in discretion under the totality of the circumstances. As mentioned above, the United States Supreme Court stated the Trump administration did have the authority to terminate DACA, but it needed to follow the proper administrative procedures in order to so. Because there is a possibility that DACA may end in the near future, we encourage applicants who are eligible to renew right away.

We always recommend that an applicant speak with an attorney first before applying but even more so for those individuals who have complicated immigration histories or who have had run-ins with the law. Should I apply? We recommend you speak with an immigration attorney regarding your case and your criminal history. Your legal representative should advise you on the potential consequences your criminal history may have on your eligibility for DACA.

If you have had encounters with the police, arrests, or have been charged with a crime, an immigration attorney can help determine whether your ability to apply for DACA will be affected.

Schedule a consultation to discuss all your legal issues and whether you are eligible for deferred action. You must be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order.

If you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention, you may be younger than 15 years old at the time you submit your request. On June 5, , U. Green Card Center. Adjustment of Status.

Green Card through Adjustment of Status. Adjustment of Status Application I Affidavit of Support I Employment Authorization I Advance Parole Application I Adjustment of Status Fee. Family-Based Immigration Explainer. Search the Learning Center. Request Support. Find an Immigration Attorney.