Service Category: Immigration for Individuals and Families

Naturalization is the process of becoming a citizen if you are an immigrant or other non-citizen who is over the age of 18. This process gives you certain rights and responsibilities in the United States, but it can be complicated. The immigration lawyers at Poarch Thompson Law seek to make naturalization as straightforward as possible. We guide you through the process and can answer your questions.

Naturalization vs. Green Card 

Having a green card, which means you are a permanent resident, is different from being a naturalized citizen. You will need to have a green card in order to become naturalized.

While having a green card is called “permanent” residency, it is not always permanent. You may still be deported with a green card if you break the conditions of the visa on which you gain your green card, committing crimes, or miss deadlines, among other issues.

You may also not be eligible for federal benefits and other rights you would have as a naturalized citizen. Naturalization puts an end to the green card process. When you complete naturalization, you have the same rights as natural-born U.S. citizens.

Why Become Naturalized? What are the benefits of Naturalization?

If you become a U.S. citizen through naturalization, you gain several benefits:

• You cannot be deported or removed from the United States
• You can gain federal benefits only citizens have access to
• You travel with a U.S. passport, among the most powerful in the world
• You can sponsor your family members to become citizens
• Your minor children automatically become U.S. citizens, even if they are not residing in the U.S.
• You can be hired by the U.S. government
• You can vote in U.S. elections
• You can run for elected office
• The immigration process is over—no more paperwork!

Who is eligible for Naturalization?

There are several standards you must meet to be eligible for naturalization, including:

• You must be 18 years old
• You must be a permanent resident of the United States for at least three or five years (depending on how you obtained your residency)
• You must not have left the country for 30 months or more in the last three years (exceptions apply)
• You can read, write, and speak basic English (exceptions apply)
• You know the basics of U.S. history and government (exceptions apply)
• You can demonstrate good moral character
• You are willing to perform military service if required by law (exceptions apply)
• You will support the U.S. Constitution and take an oath of allegiance to the United States

If you meet all criteria except you have only been a permanent resident for three years, you may be eligible for naturalization as long as you have been married to a U.S. citizen and living with them for those three years. Plus, you must not have left the United States for trips of six months or longer for those three years.

Naturalization eligibility is very complicated. There are other issues, including Selective Service, that you need to look into. It is best to confirm your eligibility with an immigration attorney.

Do I need a Lawyer to apply for U.S. Citizenship?

You do not require a lawyer; however, it is extremely beneficial to have a lawyer, especially to help determine that you are eligible and to deal with any unexpected roadblocks you may face.

How long does it take to get U.S. Citizenship?

On average, we expect the naturalization process to take ten months, from the moment you submit your N-400 form. However, it can take longer.

How many people apply for U.S. Citizenship per year?

Roughly, half a million people are granted U.S. citizenship per year, but more apply.

Can I travel outside the USA while waiting for Citizenship?

You may, but you should plan carefully when you do. If your travel pushes you over the limits for travel (as explained in the eligibility requirements), you may no longer be eligible for naturalization.

The basics of Dual Nationality

It is possible to keep your original citizenship when you gain U.S. citizenship; however, this is a complicated matter. Your home country may cancel your citizenship if you become a U.S. citizen. Holding dual citizenship also comes with drawbacks. It is wise to seek the counsel of an immigration lawyer to determine if dual nationality is right for you.

How can Poarch Thompson Law help?

The experienced immigration attorneys at Poarch Thompson Law have helped many people complete naturalization. We can guide you through the whole process, starting with determining your eligibility, all the way through to your certificate of naturalization. Making an error at this point in the immigration process can be damaging, so it’s best to have professional guidance to secure your future. Reach out to us today.

An adjustment of status, or form I-485, allows those in the United States on specific visas to get a “green card” or become a lawful permanent resident, without returning to their home country. Essentially, an adjustment of status changes your status from your current visa to a green card.

Understanding the eligibility requirements for an adjustment of status and completing the process can be confusing, even if you have a native citizen to help guide you. Our immigration attorneys can answer your questions about adjustments of status and give you the highest chance of success.

Eligibility for an adjustment of status

In order to be eligible for an adjustment of status, you must meet several criteria, including:

• You must be currently in the United States and not abroad
• You must have arrived in the United States as a non-immigrant
• You must meet one of the categories listed in the next section

There are also several things that you must not have done in order to remain eligible for an adjustment of status. For example, you must not have committed certain crimes or entered as a non-immigrant crewman. Those are just two examples of many. Contact Poarch Thompson Law today to make sure you are eligible for an adjustment of status. 

What types of green card applicants can use the adjustment of status procedure?

There are several types of green card applicants who can use the adjustment of status procedure.

• Family members of U.S. citizens who have an approved form I-130 or petition for an Alien Relative
• Spouses of U.S. citizens who had a K-1 visa to enter the United States and then used an approved form I-129F after their marriage
• Employees of U.S. companies who have an approved form I-140 or an Immigrant Petition for Alien Worker
• Those with asylum or refugee status who have lived in the United States for a year
• Those who have a Diversity visa, who won a visa in the Green Card Lottery
• Registry applicants or those who have lived in the United States since before January 1, 1972 (and who have never lived elsewhere)

If you fall out of status for your work petition, you may no longer be eligible for an adjustment of status. If you did not marry or were divorced from your sponsoring spouse, you are not eligible for an adjustment of status.

An immigration attorney can help you determine if you are eligible to get an adjustment of status or what paperwork you and your children need to file in order to do so.

How much is the adjustment of status fee?

Currently, the fees for this process are:

• $1,140 filing fee
• $85 biometrics fee
• An additional fee if you have a disqualifying condition and need a waiver

Adjustment of Status vs. Consular Processing

If you are not currently in the United States, you are not eligible for an adjustment of status. Instead, you may become a lawful permanent resident or get a green card through a procedure called consular processing. You may have better odds if you try one process over the other. It is best to speak with an immigration attorney to determine which is the best course of action for you.

Useful links for adjustment of status

• USCIS on Adjustment of Status
• Who can apply for a green card? 
• Check your case status

How can Poarch Thompson Law help?

Poarch Thompson Law can help with every step of the process as you seek an adjustment of status. We can ensure you complete every form correctly and lawfully to ensure that you have the best chance of having your adjustment of status approved. Reach out to us today.

EB-5 Visas

There are many requirements for this visa, both in eligibility and in the type and amount of investment you make. At Poarch Thompson Law, we can advise you to help you meet these criteria, tell you about programs that can reduce the amount you need to invest, and help you through the EB-5 investment visa process.

Who is eligible?

In order to be eligible for the EB-5 investment visa, you must generally:

• Invest the minimum amount of one million dollars (there are exceptions)
• Make the investment in a new business enterprise or an existing business that meets certain requirements
• Create ten full-time jobs
• Be able to prove you got the investment funds through legitimate means

Once I have an EB-5 Green Card, how do I file for Removal of Conditions?

If you were given a conditional green card as an EB-5 applicant, you must file to remove the conditions before the two-year deadline. USCIS will want to ensure that you have continued to fulfill your business obligations in the ensuing two years. If you successfully remove the conditions, you are granted the ten-year green card and can pursue naturalization if you wish. You will need an attorney to assist with this complex filing. 

Immigration Consequences for Criminal Charges

If you face criminal charges, will your immigration status be affected? You may face harsh immigration consequences, especially if your case is handled by your criminal attorney without regard for immigration effects. USCIS always conducts a criminal record check. As the crossover between immigration and criminal records is one of the most complex areas of the law, this is not something you want to face alone. Work with immigration attorneys to best protect your immigration status from criminal charges.

How do Criminal Convictions Impact Immigration Status?

Two main ways of getting a criminal conviction may impact your immigration status:

• Inadmissibility: You will not be able to get or renew certain visas after receiving a criminal conviction.
• Removability: After gaining a criminal record, you may be removed from the country, or deported.

They way your immigration changes due to your criminal record will depend on the type of crime, your specific visa, and how your criminal defense lawyer proceeds.

What is the difference between Criminal Law and Immigration Law?

In order to understand how criminal charges affect immigration, you first have to understand that immigration law is federal only. Criminal law is both state and federal. This means that there may be a significant difference between what your state’s law enforcement agencies think is a crime and what USCIS thinks is a crime. USCIS even defines a conviction differently than state or federal criminal law.

Early analysis of Criminal Charges and Records

Early analysis, preferably prior to a plea or admission of guilt, is critical to avoiding immigration consequences of criminal activity. Immigration consequences of criminal activity changes every day as courts make new law. Every detail matters. Seek the counsel of an immigration attorney to discover how USCIS will treat your crime. Even a seemingly minor criminal offense may result in numerous immigration problems, based on the intricate interplay of criminal law and immigration law. Petty crimes may not be petty for immigration.

Immigration after Conviction

Committed a crime in your home country? It depends on the nature of the crime. Many actions may be considered a crime in your home country, which are not considered crimes in the United States. Again, it is best to speak to an immigration attorney about these crimes. 

How can Poarch Thompson Law help? 

Poarch Thompson Law can help you minimize the impact of criminal charges on your immigration status. From the moment you are arrested, reach out to us. Criminal lawyers are useful, but they are less likely to understand how these charges will affect your immigration status. At Poarch Thompson Law, we know how these charges can affect you.

If you contact us early on, we can help you plead to lesser charges or help predict how USCIS will handle your case. Do not plead guilty to a crime until you have spoken to a lawyer. Always seek our legal counsel before you meet with immigration officials about any crimes you may have committed. Reach out to us today.

Usually, living unlawfully in the United States prohibits you from gaining permanent residence status. However, applying for the provisional immigration waiver of unlawful presence may make you eligible again. This may be a stressful process for you, but the potential for a green card is worth the risks. Poarch Thompson Law seeks to make this process as simple to understand as possible for our clients. Here are answers to the common questions our clients ask about provisional unlawful presence waivers.

Risks to Applying for Provisional Unlawful Presence

Immigration provisional waivers are not without their risks, but an experienced immigration attorney can help you prepare the best case possible.

In general, we recommend that you do not apply for a provisional waiver if you have multiple grounds of inadmissibility or if you can’t prove “extreme hardship.”

Immigrant children who have been abused, neglected, or abandoned can apply for special immigrant juvenile status. If you are granted this status, you may become a permanent resident or receive a green card.

This process is very time-sensitive but highly beneficial for the at-risk child. A state court must first determine the child was abused, neglected, or suffered similar circumstances and that it would not be in their best interests to return to their home country. Then, the child must start the application process before the age of 18. 

As this process involves both state and federal law and because a child’s well-being is on the line, it is best that an immigration attorney licensed in the child’s represents a child.

Benefits and disadvantages of the Special Immigrant Juveniles Program

There are many benefits to the special immigrant juveniles program. A child who receives this designation is eligible for federal assistance programs, which can relocate them and care for their basic needs.

Also, the program eligibility requirements are lower than many other forms of visas because it is intended to help abused children. The child need not have arrived in the U.S. legally, nor must they prove they can support themselves.

On the other hand, unlike other visa options, special immigrant juveniles can never petition for their biological family members. 

Who is eligible for Special Immigrant Juvenile Status?

In order to be eligible for the special immigrant juvenile program, the child must:

• Be under the age of 18 when filing form I-360
• Be in the U.S. when filing form I-360
• Not be married

Further, a state court order must be in effect when filing form I-360, which proves:

• You are a dependent of the court, state agency, or department.
• You cannot be reunited with your parent due to abuse, abandonment, neglect, or similar circumstances.
• It is not in your best interests to return to your country of origin.

Grounds for inadmissibility as a Special Immigrant Juvenile

Children who are eligible to become a special immigrant juvenile may still be inadmissible to get a green card or permanent residency on the basis of:

• A mental or physical disorder, which makes them a risk to people or property
• Are a prostitute or pimp
• Are a drug abuser or drug addict
• Are an alien smuggler (human trafficker)

Even if a child is inadmissible, an attorney may be able to get their inadmissibility waived, based on their circumstances.

What if my child is in Removal Proceedings?

Removal proceedings do not make your child ineligible for the special immigrant juvenile process. In fact, most special immigrant juvenile proceedings are begun when a child is in removal (or deportation) proceedings.

How long does the process take?

Special immigrant juvenile cases are a high priority but involve several steps. The state court process may take six months to a year. USCIS should take an additional six months to make a decision about the child’s case. Most importantly, the country the child is from will determine how long the wait will be since there are a limited number of visas per year per country. This retrogressed priority date can delay SIJS cases by many years. 

How to apply for Special Immigrant Juvenile Status

The process for applying for special immigrant status includes:

• Petitioning a juvenile court for a court order that proves your eligibility for the special immigrant juvenile
• Submitting form I-360 Petition for a Special Immigrant to USCIS
• Waiting for your Notice of Action from the USCIS
• After you receive approval, petitioning for adjustment of status
• Attending a biometrics appointment (your photo and fingerprints will be taken)
• When requested by USCIS, submit form I-693 Report of Medical Examination and Vaccination Record
• Waiting for a decision about your adjustment of status and receiving a green card

You will never be asked to contact the person who abused or neglected you during this process. However, the process is complicated, and USCIS may request more evidence of you. As you cannot appeal the decision (but can ask for it to be reopened or reconsidered), it is wise to have an immigration attorney to guide you and avoid denial.

What to submit

When you file your form I-360, you will need a variety of supporting documents, including:

• Evidence of your age, which can include:
  • Birth certificate
  • Passport
  • Official ID card issued by a foreign government
  • Other documents are acceptable, refer to your attorney
• Valid juvenile court orders, which establish you are eligible
• If you are in the custody of the U.S. Department of Health and Human Services, written consent from them
• If you have a lawyer representing you, form G-28 Notice of Entry of Appearance as Attorney or Accredited Representative

Must non-abusive parents go to Court?

If you are the parent of a child applying for special non-immigrant status, even the non-abusive parent, you may be required to attend various court dates. Most commonly, you are required to attend a pre-trial hearing and a full hearing.

Can I get a Green Card if my child is granted Special Immigrant Juvenile Status?

No. Special immigrant juveniles may never sponsor their parents to become a permanent resident, even the non-abusive parent. The child is considered an orphan by law.

Employment authorization of Special Immigrant Juveniles

Those with special immigrant juvenile status may be granted employment authorization to work in the United States. However, the timing of when one can apply and obtain employment authorization can be extremely complex and lengthy. Contact Poarch Thompson Law today to help you navigate the nuances of SIJS. 

How can Poarch Thompson Law help?

Abused children are among the most vulnerable people and need the assistance of an attorney to get the justice and protection they need. The special immigrant juvenile process may, or may not, be in a child’s best interests. Whichever immigration method is best, Poarch Thompson Law can help the child through the process and give them the best chance of securing a future in the United States.

U Non-Immigrant Visas Status or U Visas

U non-immigrant visa status, or U Visa, is available for victims of certain crimes who assist law enforcement investigate or prosecute the offenders. This visa was created to help victims of domestic violence, sexual assault, trafficking, and other crimes. At Poarch Thompson Law, our experienced immigration attorneys have assisted victims of crimes secure to U visas and relieve their concerns about the process. Here are some answers to the most common questions about victim visas.

U Visa Eligibility

In order to be eligible for a victim visa, you must meet the following conditions:

• You are the victim of an eligible criminal activity (more on this below)
• The crime that victimized you, occurred in America or violated U.S. law
• You suffered substantial physical or mental harm or abuse due to the criminal activity
• You were helpful to law enforcement, are helpful, or are likely to be helpful while law enforcement investigates or prosecutes this crime

U Visa processing time

Victim visas have very long processing times, even if you have already taken the step of speaking with the police and getting a signed I-918 Supplemental Form. Current processing times vary greatly and newly filed applications are estimated to take approximately ten years or more for the final approval. 

If I did not prosecute the Offender, can I still qualify for a U Visa?

Yes, you can still get a victim visa if you did not prosecute the offender of the crime you suffered, so long as your cooperation with the police aided their investigation.

U Visa Caps

The U non-immigrant status (U visa) wait period is very long because there is a cap on the number of visas given each year. There are only 10,000 visas available annually, and many more people apply for these visas each year.

Can I get Work Authorization on a U Visa?

You cannot qualify for a work authorization card based on your u visa until you receive deferred action. This may take many years to receive. 

Filing for qualifying Family Members

Your family members may qualify to apply for a U visa as well based on your victimization. Those who qualify will depend on your relationship to them and their age. 

If you are under the age of 21, then your parents, unmarried siblings under the age of 21, your children, and your spouse may also apply. If you are over the age of 21, your spouse and children may apply.

U Visa Extensions

U Non-immigrant status (U visa) is actually valid for four years. Once you apply for a green card based on your U non-immigrant Status, you are automatically granted an extension of your status. If your status is about to expire, you must apply to extend the status before it expires. Circumstances that may allow you to extend stats include but are not limited to: 

• Law enforcement requests your visa be extended to help investigate or prosecute crime
• You have faced delays in consular processing
• You have faced exceptional circumstances
• USCIS made an error on your processing times

An immigration lawyer can help you make the best argument as to why your status should be extended.

Can I leave the U.S. with a U Visa pending?

Generally, our office recommends U visa applicants do not depart the United States until permanent residency is approved. While you can apply for a victim visa from outside of the U.S. through consular processing, if you already have an application pending, then you have a high risk of not being able to reenter the United States. There’s always the chance that you are not allowed back into the U.S. or miss important communications or appointments with USCIS. Many factors need to be evaluated to assess whether you may leave the United States. You should speak with your immigration attorney to assess the risk you take by leaving the United States. Do not depart the United States or make plans to depart before speaking to your immigration attorney. 

Applying for a Green Card

After you have had your U visa for three years, you may be able to apply for a green card. Any family members on your U visa may also need to apply at this time.

VAWA

An alternative to U non-immigrant status is a VAWA self-petitioner application. This status is based on the Violence Against Women Act. If you were abused by a US citizen or lawful permanent relative you may qualify for this form of relief.  You can do this without notifying the person who abused you.

VAWA, T Visa, and U Visa compared

T visas are for human trafficking visas and may be another alternative for you were trafficked in the United States. Which of these three options should you choose if you qualify for more than one? It’s complicated and depends on your circumstances. You will want to pick the application that gives you the strongest case, with the shortest wait time. Your family members, inadmissibility and ability to collect proof will help an experienced immigration attorney assist you to select your best options. 

Resources for victims of Human Trafficking & other Crimes

USCIS has resources for you if you’ve been a victim of a crime. 

How can Poarch Thompson Law help?

At Poarch Thompson Law, we care deeply about victims of criminal activity and can advise you on the best way for you to get a visa and other support you need. If you are considering one of these visas, reach out to us today. We can help you through the entire process, and ensure you are aware of all potential options of relief. 

Bond, Removal & Deportation Defense

 Deportation proceedings are now called removal proceedings. This is a process that may result in you being removed from the United States unless you can raise a defense. You may also be able to receive bond so that you can be released until you’re scheduled for your final immigration court hearing. Counsel from Poarch Thompson Law and our immigration attorneys can give you the best chance of remaining in the United States. 

How do I know that I’m in Removal Proceedings?

If you are in removal proceedings, you will receive a Notice to Appear (“NTA.”) You usually receive this when you are in the custody of Customs and Border Patrol (CBP) or Immigration and Customs Enforcement (ICE). Additionally, you will be assigned a 9 digit A number referred to as the “file number” or the “alien number.”

Who is placed in Removal Proceedings?

Each agency has different, changing priorities and will place individuals in removal proceedings in order of highest importance. You may be placed in removal proceedings if you: 

• Are caught by Customs and Border Patrol entering the United States
• Commit a crime and are transferred out of criminal custody into the custody of Immigration and Customs Enforcement (ICE), this is often called an “ICE detainer”
• Are denied any affirmative remedy
• Are identified by ICE for your criminal history
• Are present in the United States without a proper visa or documentation

How long do Removal Proceedings last?

 In general, removal proceedings while a client is in detention may take only a few months. In contrast, removal proceedings after a client is released from detention usually take many years.  Various forms of relief before the Court or from USCIS can speed up or slow down the process with the Immigration Court.

How do Removal Proceedings work?

Notice to Appear: You are taken into custody by an immigration authority, and you are given a Notice to Appear. This is filed with an immigration court, that will issue you a hearing date in which you must attend. At this first hearing, or at a subsequent hearing, if you qualify, you may request a bond to be set in your case. Read more on immigration bonds below.

Hearings: Usually, at least two hearings are held. The first is a “Master Calendar” hearing where you, your attorney, and the judge will decide how your case will proceed and any application for relief must be filed at the Master Calendar Hearing. Immigration proceedings, especially while detained are very difficult. If you move forward without an attorney, it may harm your potential for a case in the future. Therefore we recommend you hire an attorney as soon as you are able. The final hearing is an “individual” hearing, where your attorney presents your entire case to the judge. This hearing may last hours and require testimony. 

Decision: After your individual hearing, the judge will make a decision about your case and whether or not you are to be removed from the United States.

What is an Immigration Bond?

An immigration bond can be set either by Immigration and Customs Enforcement (ICE) at the time of your detention or by an immigration judge at your court hearing. Not everyone who asks for bond receives one and the amount of the bond varies greatly based on criminal history, family ties to the United States, and the defense an individual has to their removal proceedings. You can pay the bond amount directly to the government or use a bondsman. 

The Immigration Bond process

After you are taken into custody, an Immigration Judge or Deportation Officer can decide how much money is required for you to be released. If the bond that is set is paid, you will be released. If you do not attend your court dates, the government will keep the money that was paid. Some individuals are not eligible for an immigration bond. Contact us immediately to ensure you are eligible for bond. 

What Options Are Available to Me So That I Can Stay in the U.S.?

 At your Master Calendar Hearing, your attorney will submit a form of relief as your defense in order to remain here in the U.S. Common forms of relief include:

• Asylum
• Special immigrant status
• Permanent residence through family
• U visas
• LPR or Non-LPR cancellation of removal

Many other options are available and may help your case, depending on the facts and evidence that you can gather. You should always work with an immigration lawyer to discover your best option.

Can I get a work permit while I await my case’s adjudication?

It depends on your case. If you are eligible for cancellation of removal, you can apply for your work authorization once the petition is submitted. Under an asylum case, you must wait 150 days after you have filed your case before applying for your work authorization. USCIS will require biometrics, and the average processing time from filing to work authorization depends on the case type for which you qualify. Other forms of relief may not permit you to receive work authorization. 

Do I need an attorney for Removal Proceedings?

 Whether or not you stay in the U.S. depends on choosing the right relief option for you and presenting the case as strongly as possible to immigration judges and officers. The law in this area is very complex, and you will be more likely to succeed with a competent attorney.

Working With Poarch Thompson Law on Removal Defense

At Poarch Thompson Law, we have worked for years successfully defending immigrants from the difficult, heart-wrenching consequences of removal from the U.S. We consult carefully with the immigrant and their family to understand the nuanced facts of their immigration history, and we work diligently to find the best removal defense.

Each case is assigned attorneys and paralegals who support and manage the removal case from initial intake to conclusion. Additionally, our whole firm, including other attorneys, work as a team to support your case. Your Poarch Thompson Law team will send you easy-to-read checklists, track deadlines, answer questions, and ensure that your submissions are timely and received by the court.

Although many cases are successful, not every case can be. Removal defense is difficult and depends on the changing interpretation of laws by the courts, the involved immigration agencies, and Congress. At Poarch Thompson Law, we don’t take cases where the only option is to accept removal from the U.S., we fight hard to win our clients relief from removal, and we offer payment plans to make removal cases affordable.

Other pages you may find useful.

 Immigration Litigation and Appeals

Deferred Action for Childhood Arrivals (DACA)

DACA is being litigated in federal court. Stay tuned for updates that may alter these requirements and other details.

Deferred Action for Childhood Arrivals (DACA) was a program that gave non-citizens who arrived in the United States as children protection from deportation and the ability to legally work in the country.

Since 2017, the Department of Homeland Security has rescinded this program. However, as this decision is before federal courts, the options for DACA recipients and individuals eligible for DACA may change.

Who was eligible for DACA?

• You were under the age of 31 on June 15, 2012.
• You came to the United States as a child before your 16th birthday.
• You continuously resided in the United States from June 15, 2007 until today.
• You were in the United States on June 15, 2007.
• You were in the United States when you made your initial request for deferred action.
• You did not have lawful immigration status on or before June 15, 2007 (if you did, other options might be available to you, speak to your immigration attorney).
• You had not been convicted of a felony or a significant misdemeanor.
• You had not been convicted of three or more lesser misdemeanors.
• You did not otherwise pose a threat to national security or public safety.
• You also fulfilled one of the following criteria:
  • You were currently in school.
  • You graduated high school or obtained a GED certificate.
  • You were an honorably discharged veteran of the U.S. Coast Guard or Armed Forces of the United States.

You then must continue to fulfill these requirements in order to be eligible for a DACA renewal.

Who can file an initial DACA request?

No one can currently file an initial DACA request, even if they fulfill the requirements This may change based on current litigation or if Congress passes a new law.

What are the benefits of DACA?

DACA allows you to defer deportation and will enable you to work lawfully in the United States.

What are the limits of DACA?

DACA is limited in that it does not independently offer a pathway to citizenship. Additionally, it is a temporary form of relief that must be renewed every two years. If crimes are committed after your approval, the government can revoke your status or deny your renewal application.

What has changed since Trump rescinded DACA?

In 2017, the Trump Administration, through the former Department of Homeland Security Secretary John F. Kelly, rescinded DACA.

In 2018, a federal judge ordered USCIS to accept renewal requests for those who already received an initial deferral through DACA. Days later, a few states filed a lawsuit in order to stop the recission of the DACA program. These court cases are still in progress.

Who can file a DACA renewal request?

Currently, you cannot be granted a DACA renewal unless you were previously approved for  DACA in the past. If your work authorization is close to expiring, you need to file for it to be renewed. You can apply anywhere from 120 to 150 days before your DACA work authorization expires. We recommend you contact our office at least six months before your DACA work authorization expires so that we can timely file your application.

It is important to note that there is a new version of the USCIS Form I-821D that you must use in order to be considered. Using the old version of the form will cause your case to be rejected.

My deferred action under DACA has already expired or is expiring soon. Can my DACA request be expedited?

No. DACA requests cannot be expedited. It is therefore essential you contact an immigration attorney six months before your work authorization card expires to ensure there is no lapse in your employment eligibility.

Do I need a lawyer?

In most cases, a DACA renewal can be filed without an attorney’s assistance. In DACA cases, you may hire an immigration attorney for their experience or for their management of the process on your behalf. We recommend you hire a lawyer if you are facing delays in renewal request processing or have incurred any criminal history since your last DACA application.

One of the most important reasons to consult with attorneys on issues such as DACA is to be sure that you are not eligible for another permanent form of relief. Since the future of DACA is uncertain, you should pursue all other potential avenues to protect yourself.

Helpful links

• US Immigration and Customs Enforcement on DACA
• USCIS FAQ on DACA