People who arrived in the U.S. as undocumented children face a particularly terrifying prospect when they are threatened with deportation. For many of them, life in the U.S. is all that they know or remember. They may be unfamiliar with the language and customs of the home country that their parents emigrated from, yet now they are being told that they must “return” there.

Fortunately, such individuals can rely on the Deferred Action for Childhood Arrivals program, which also is known as DACA. Being granted a deferment under DACA protects an individual from deportation and enables them to obtain an Employment Authorization Card. However, these benefits are granted only for a two-year period. Recipients must renew their DACA authorization every two years if they want to legally remain in the U.S.

Not everyone is eligible for the benefits granted under DACA. The qualifications include:

1. That the applicant entered the U.S. when they were 16 or younger;
2. That the applicant has lived continuously in the U.S. for at least five years before June 15, 2012, which is when the program was enacted;
3. The physical presence of the applicant in the U.S. on June 15, 2012; and
4. The applicant is currently in school, has received a GED, has graduated from high school or has received an honorable discharge from any branch of the U.S. armed forces.

People who have been convicted of a significant misdemeanor, several misdemeanors or a felony are not eligible. Additionally, first-time applicants must be under 30 years of age.

Certain documentation is required to apply for the Deferred Action for Childhood Arrivals program. This documentation includes:

1. Proof of the applicant’s identity;
2. Documents showing immigration before the applicant’s 16th birthday;
3. Anything attesting to the applicant’s immigration status;
4. Proof of presence in the U.S. on June 15, 2012 and five years of continuous residence before that date;
5. A high school diploma, GED or proof of current enrollment;
6. Proof of honorable discharge from the armed forces; and
7. Evidence that the applicant does not present a threat to national security.

It is not always easy for the applicant or their family to produce all of the required documentation. This is just one of the places that an experienced Miami immigration lawyer from Almeyda Law, P.A. can assist with the process. Because the practitioners at this firm have already assisted many young people to prove their ongoing presence in the U.S. prior to their 16th birthday, they can make the process much easier for other applicants.

Almeyda Law, P.A. also helps with renewals, denials and all other facets of the DACA program. Contact them at (305) 914-3714 to schedule a free consultation.