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Los Angeles Deferred Action for Childhood Arrivals (DACA) Attorney

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EB-3 Visa Lawyer in Los Angeles

Deferred Action for Childhood Arrivals (DACA) is a program that provides protection from deportation to individuals who were brought to the U.S. as children and who meet specific eligibility requirements. These individuals, often referred to as “Dreamers,” are given the opportunity to remain in the U.S. legally, pursue education or employment, and apply for renewable two-year deferred action. Although DACA does not grant permanent residency or citizenship, it has become a vital lifeline for many young immigrants who have built their lives in the U.S. and would face deportation without it. For families affected by immigration issues, other provisions like the Child Status Protection Act (CSPA) offer critical support. The CSPA helps children avoid aging out of eligibility for immigration benefits, which can happen if they turn 21 during the often lengthy application process. This law ensures that children of U.S. citizens and permanent residents can still immigrate as dependents, reinforcing the importance of family immigration in U.S. policy. In a similar vein, the family immigration system helps keep parents, children, and even siblings united, making the process of settling in the U.S. less disruptive for families.

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In contrast to these protective measures, the “widow penalty” was a harsh rule that caused significant distress for many families before it was changed in 2009. Under the old law, if a U.S. citizen spouse died before the couple reached their two-year anniversary, the foreign spouse would face deportation, regardless of the length of the relationship or whether they had children. The repeal of the widow penalty now allows surviving spouses and their children to apply for a green card, ensuring they are not forced to leave the U.S. during a time of loss. This change highlights the government’s evolving stance on protecting family immigration. Taken together, these programs—DACA, the Child Status Protection Act, and the repeal of the widow penalty—reflect the growing importance of family unity in U.S. immigration law. Each of these provisions underscores the idea that family immigration should be safeguarded, whether it’s through preventing children from aging out of eligibility, protecting young Dreamers from deportation, or ensuring that widowed spouses can remain in the U.S. with their children. These reforms represent a significant step toward a more compassionate immigration system that prioritizes the well-being and stability of families.
Related:  How Do Recent DACA Updates Affect Dreamers in Los Angeles?
Frequently Asked Questions

Frequently Asked Questions

Deferred Action for Childhood Arrivals (DACA) is a program, under which individuals who arrived in the US as children may be placed in a deferred action (non-deportable) status and obtain employment authorization from the US Department of Homeland Security (DHS). There are an estimated 1,000,000 people living in the US who may potentially qualify for DAS under this new policy initiative which was implemented on August 15, 2012. Applicants should avoid notarios, consultants and other scam artists who are claiming that they can assist applicants in obtaining benefits under DACA beyond what the program actually offers. DACA is not “amnesty,” nor will it provide “green cards” to applicants, however it IS a very valuable benefit to allow certain childhood arrivals to attend college and realize their dreams in the US.

A childhood arrival may seek DAS and an employment authorization document (EAD) if he:

  1. Was under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching his 16th birthday;
  3. Has continuously resided in the United States since June 15, 2007, up to the present time;
  4. Was physically present in the United States on June 15, 2012, and at the time of filing a request for consideration of DAS with USCIS;
  5. Entered without inspection before June 15, 2012, or his lawful immigration status expired as of June 15, 2012;
  6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Has 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.
“Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate ‘an economic necessity for employment.’ ”
“On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum.”
“Yes. Pursuant to existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.”
“This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention).”
“No. Although action on your case has been deferred and you do not accrue unlawful presence during the period of deferred action, deferred action does not confer any lawful status.
There is a significant difference between “unlawful presence” and “unlawful status.” DACA Unlawful presence refers to a period an individual is present in the United States (1) without being admitted or paroled or (2) after the expiration of a period of stay authorized by the Department of Homeland Security (such as after the period of stay authorized by a visa has expired). Unlawful presence is relevant only with respect to determining whether the inadmissibility bars for unlawful presence, set forth in the Immigration and Nationality Act at Section 212(a)(9), apply to an individual if he or she departs the United States and subsequently seeks to re-enter. (These unlawful presence bars are commonly known as the 3- and 10-Year Bars.)”
“No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.”
“No. The new process is open only to those who satisfy the guidelines. As such, immediate relatives, including dependents of individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process, may not be considered for deferred action as part of this process unless they independently satisfy the guidelines.”
“Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance. Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor.”
  • “If you have never been in removal proceedings, or your proceedings have been terminated before your request for consideration of deferred action for childhood arrivals, you must be at least 15 years of age or older at the time of filing and meet the other guidelines.”
  • “If you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention, you can request consideration of deferred action for childhood arrivals even if you are under the age of 15 at the time of filing and meet the other guidelines.”
  • “In all instances, you cannot be the age of 31 or older as of June 15, 2012 to be considered for deferred action for childhood arrivals.”
“To be considered ‘currently in school’ under the guidelines, you must be enrolled in school on the date you submit a request for consideration of deferred action under this process.”
“A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:
  1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
  2. The absence was not because of an order of exclusion, deportation, or removal;
  3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
  4. The purpose of the absence and/or your actions while outside the United States were not contrary to law.”
“No. After August 15, 2012, if you travel outside of the United States, you will not be considered for deferred action under this process. If USCIS defers action in your case, you will be permitted to travel outside of the United States only if you apply for and receive advance parole from USCIS.”
“No. If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, you will not be considered for deferred action under the new process except where DHS determines there are exceptional circumstances.”
A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion. It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed.”
“No. Immigration-related offenses characterized as felonies or misdemeanors by state immigration laws will not be treated as disqualifying felonies or misdemeanors for the purpose of considering a request for consideration of deferred action pursuant to this process.”
“Expunged convictions and juvenile convictions will not automatically disqualify you. Your request will be assessed on a case-by-case basis to determine whether, under the particular circumstances, a favorable exercise of prosecutorial discretion is warranted. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action for childhood arrivals process.”
“Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action to USCIS through a form, along with a form requesting an employment authorization document. The total fees will be $465. USCIS is still developing the forms. requests received before August 15, 2012, will be rejected.”
“Yes. You must undergo biographic and biometric background checks before USCIS will consider whether to exercise prosecutorial discretion under the consideration of deferred action for childhood arrivals process. If you have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, you will not be considered for deferred action for childhood arrivals except where DHS determines there are exceptional circumstances.”
“If you have submitted a request for consideration of deferred action for childhood arrivals and USCIS decides not to defer action in your case, USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.”
In 2026, the program’s practical availability can depend on current court orders and agency policy, so you should verify the current posture on the official USCIS DACA page before filing. USCIS has stated that it continues to accept and process renewal requests and related work authorization under the DACA regulations. USCIS also indicates it may accept initial requests but not process them, depending on the controlling litigation status. That means some people can file but may not receive a decision on a first-time request until legal restrictions change. If you are eligible to renew, filing early and keeping your documentation consistent can help avoid gaps in deferred action or employment authorization. If you are considering travel or any major life change, check official guidance first because the consequences for status and reentry can be serious.
Yes. Unless terminated, individuals whose case is deferred pursuant to the consideration of deferred action for childhood arrivals process will not be placed into removal proceedings or removed from the United States for a period of two years. You may request consideration for an extension of that period of deferred action. As long as you were not above the age of 30 on June 15, 2012, you may request a renewal after turning 31. Your request for an extension will be considered on a case-by-case basis.” At Hanlon Law Group, P.C., we can help you navigate the legal process and pursue a green card based on your circumstances. For better assistance, reach out to us.

Additional Information in Los Angeles

  • U.S. Citizenship and Immigration Services (USCIS) – Consideration of Deferred Action for Childhood Arrivals (DACA): Comprehensive information on the Deferred Action for Childhood Arrivals program, including eligibility criteria, application processes, and renewal guidelines. It offers resources and updates on the program's current status, important dates, and documentation requirements. This site is crucial for individuals seeking to apply for or renew DACA, as it provides authoritative guidance and the latest information on maintaining legal status under the program.
  • Homeland Security – Frequently Asked Questions: Rescission Of Deferred Action For Childhood Arrivals (DACA): Detailed FAQ about the rescission of the Deferred Action for Childhood Arrivals (DACA) program, addressing the status of current DACA recipients, renewal requests, and the impact of the program's termination. It explains the criteria under which DACA recipients can continue to work and remain in the U.S. temporarily. This information is crucial for understanding the changes in DACA's legal standing and the options available for those affected.
  • Informed Immigrant – Traveling with Advance Parole in 2024: Detailed guidance on the process for DACA recipients to travel abroad, including eligibility criteria, application steps, and risks involved. It emphasizes the importance of having a valid reason for travel, such as education, employment, or humanitarian purposes, and outlines the documentation needed. The site also discusses potential risks, such as denial of re-entry and the impact on future immigration status. This resource helps DACA recipients understand the complexities and precautions of traveling abroad under advance parole.

Contact the Experienced Los Angeles Immigration Lawyer at Hanlon Law Group, P.C.

The trusted Los Angeles immigration attorney at Hanlon Law Group, P.C. is waiting to speak to you, find out more about your immigration needs, and explain your options. Having handled countless professional visa applications for foreign professionals and U.S. employers, our lawyer has the experience and insight you can count on for exceptional service and representation.

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