Newly-elected President Joseph Biden aggressively campaigned on a promise of restoring the Deferred Action for Childhood Arrivals (DACA) program. And on his first day as President, he quickly moved to issue an executive order that preserved and strengthened the original DACA program that he helped champion while Vice President to Barack Obama. The former Trump Administration continuously tried to cripple or dismantle the DACA program, by issuing decisions to stop accepting new applications and by not defending the program in court. However, several Federal court decisions overturned this behavior, and in 2020 the Supreme Court struck down the Trump Administration's efforts to end the program. And now that President Biden is in office, the future of the DACA program is very bright.

New petitions for DACA protection are currently being accepted by USCIS, and renewals are actively being processed. So, if you believe you are eligible for DACA and would like to apply, don't delay in contacting an immigration attorney to help you through the process.

What is DACA?

DACA is a policy implemented by then-President Barack Obama that provided a quasi-legal immigration status to certain individuals who were in the United States unlawfully. Under DACA, eligible individuals who were brought to the United States illegally as children would be protected from deportation, so long as they met certain conditions. Those receiving DACA are eligible to renew every two years.

Who is eligible for DACA?

Individuals who qualify for DACA protection must meet the following criteria:

• Must have been under the age of 31 on June 15, 2012
• Must have continuously lived in the United States since June 15, 2007
• Must have entered the United States unlawfully or had expired immigration status before June 15, 2012
• Must have been under the age of 16 when originally arrived in the United States
• Must be currently enrolled in higher education, or graduated from high school, or have been honorably discharged from the US armed forces
• Must not have been convicted of a felony or serious misdemeanor
• Must not pose a threat to public safety or national security

How do I apply for DACA?

You can apply for DACA by filing Form I-821D with the USCIS. It is strongly encouraged that you consult an immigration attorney to help determine if you are eligible and to help you through the process. The Law Office of Spojmie Nasiric PC has significant experience helping DREAMers successfully enroll in the DACA program.