Working with DACA

Young, undocumented individuals – who would otherwise have no legal status in the U.S. – have the opportunity to work in the United States through the Deferred Action for Childhood Arrivals Program (DACA) instituted by the Obama administration.

There is no guarantee that the DACA program will continue after President Obama’s term ends in January 2017. DACA is an executive program which may immediately be terminated by the next president. That is why it is important to take action now. DACA allows qualifying individuals to postpone for 2 years any enforcement action by the United States Department of Citizenship and Immigration Services (USCIS) or Customs and Border Patrol (CBP). Under DACA, the individuals will also be able to obtain a driver’s license and Social Security number, work authorization, and may, under certain circumstances, even allow study and travel outside the country.

You can apply for DACA if all of the following apply to you:

• You came to the United States under the age of 16;
• You have continuously resided in the United States since June 15, 2012;
• You are currently in school, have graduated from high school, have obtained a general education development certificate, or have been honorably discharged from the Coast Guard or Armed Forces of the United States;
• You have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
• You are not above the age of 30

USCIS has unreviewable discretion when reviewing a DACA application. That means that there is no appeal if USCIS determines you are not entitled to deferred action status. It is important to get it right the first time. An experienced attorney can help guide you through the process. Leonard Sciolla partner,Paul Schultz, has extensive experience representing qualified individuals in applying for the DACA program. Mr. Schultz can be reached in our Philadelphia office at (215) 567- 1530 or our New Jersey office at (856) 273-6679.

Published May 20, 2016