Irvine DACA Lawyer

What Is DACA and DAPA?

DACA stands for Deferred Action for Childhood Arrivals and DAPA stands for Deferred Action for Parental Accountability. The executive order relating to DACA was made in 2012 by President Obama for individuals who arrived in the United States without proper documentation or, who overstayed their visas as a result of their parents' actions. DACA is mistakenly referred to as the " Dream Act"—a legislative proposal which has not become law. DACA may also be used as a defense in a deportation proceeding .

Deferred action may be granted to individuals who are in removal or deportation proceedings, or for individuals who have never been in removal proceedings . Once deferred action is conferred, the individual can apply for employment authorization and is considered legally present in the United States. This does not mean, however, that if deferred action is granted, that you will be given a green card . There is no direct path to a green card under DACA. Contact an Orange County immigration attorney to discuss your case.

• Related: DACA to Green Card

Please note that the exact requirements for "Deferred Action for Parental Accountability" (DAPA), which were announced by President Obama in 2014 have not been enumerated yet. Generally, it is expected that undocumented parents of US citizens with no criminal history will not be deported and may gain work authorization. USCIS is tentatively scheduled to begin accepting applications for DAPA relief in May 2015.

Learn more about how our Irvine DACA attorney can help you by contacting us online or calling (949) 478-4963 today!

Who Qualifies under DACA?

To apply for DACA, you must meet the following criteria:

• You must have been under 31 years of age as of June 15, 2012.
• You must have come to the United States when you were under 16 years old.
• You must have continuously lived in the United States from June 15, 2007 to the present.
• You must have entered the United States without inspection before June 15, 2012, or, if you overstayed a visa, the visa must have expired as of June 15, 2012.
• You were physically present in the United States on June 15, 2012.
• You must currently be present in the United States at the time of applying for deferred action.
• You are currently in school, or have graduated from high school, or have obtained a GED, or have been honorably discharged from the armed forces.
• You have not been convicted of a felony offense or significant misdemeanor.

Contact an experienced Irvine, Mission Viejo, or Anaheim immigration attorney today to discuss the various factors determining your eligibility under DACA.

• Related: I was convicted of a crime. Am I eligible for DACA?

What Risks Exist When Applying under DACA?

You should apply only after consulting a qualified Orange County immigration lawyer. If you are here unlawfully and USCIS or ICE finds that you do not meet the criteria for deferred action, you may be placed in removal ( deportation) proceedings. Also, DACA is entirely discretionary and may be revoked at any time.

What Are the Benefits of Deferred Action?

If you are granted deferred action, you will be permitted to lawfully work in the United States. You can also apply for advance parole, which allows you to travel outside the United States for reasons related to work or humanitarian efforts.

Is DACA a Pathway to Citizenship?

DACA does not provide a direct pathway to citizenship. While the program offers temporary protection from deportation and work authorization, it does not grant lawful permanent resident status or U.S. citizenship. DACA recipients remain undocumented individuals with deferred action status, meaning they are considered low-priority for removal from the country but are not on a track to legal residency.

For many, DACA has served as a vital lifeline, allowing them to contribute to their communities, pursue education, and establish careers. However, it is important to understand its limitations. DACA is a temporary program subject to political and legal challenges. As such, recipients should explore all potential options to achieve permanent legal status in the United States.

Individuals with DACA may be eligible for other immigration pathways, depending on their circumstances. For example, they may qualify for family-based petitions, employment-based visas, or humanitarian relief, such as asylum. Consulting an experienced immigration attorney is critical to evaluating these opportunities and navigating the complex requirements of U.S. immigration law.

Given the uncertainty surrounding the future of the DACA program, it is essential for recipients to stay informed about legislative updates and court decisions that could impact their status. Exploring alternative legal pathways is not only prudent but can also provide greater stability and security for the future.

Offering a Major Discount for DACA Applicants

Our immigration attorneys at Yekrangi & Associates are offering a major discount for DACA applicants! Reach out to us today to learn more about filing your DACA application! 

Our office proudly serves all of Southern California, including Irvine, Anaheim, Huntington Beach, Mission Viejo, Rancho Santa Margarita, Laguna Hills, Laguna Beach, Brea and many more Orange County cities.

To schedule an initial consultation with our Irvine DACA lawyer today, don't hesitate to contact us at (949) 478-4963.