Since the DACA program’s inception, more than 800,000 young people have benefited from the program’s protection against removal and provision of employment authorization.
New Orleans
Deferred Action for Childhood Arrivals (DACA) Attorneys
Our attorneys at Pelton + Balducci have dedicated their careers to helping immigrants of all backgrounds fight for their American dream, and we are proud of the work we have done with DREAMers and Deferred Action for Childhood Arrivals (DACA) recipients.
Our attorneys at Pelton + Balducci have dedicated their careers to helping immigrants of all backgrounds fight for their American dream, and we are proud of the work we have done with DREAMers and Deferred Action for Childhood Arrivals (DACA) recipients.
We have extensive experience in working with young people in the New Orleans area to help them prepare their DACA application, and we constantly monitor the latest developments regarding DACA in order to better serve our clients.
We have extensive experience in working with young people in the New Orleans area to help them prepare their DACA application, and we constantly monitor the latest developments regarding DACA in order to better serve our clients.
Deferred Action for Childhood Arrivals
Officially established on June 15, 2012 by former President Barack Obama, the Deferred Action for Childhood Arrivals (DACA) allows certain immigrants who came to the U.S. as children the opportunity to defer removal and work lawfully in the U.S. for up to two years.
The DACA program was the subject of federal litigation when former President Donald Trump ordered a phase-out of the program in 2017.The Supreme Court held that the Trump Administration had acted improperly in its efforts to end the program, and DACA survived. President Joe Biden subsequently signed a memorandum directing the Secretary of Homeland Security to preserve and fortify DACA on January 20, 2021.
Although DACA doesn’t currently lead to lawful permanent residence or citizenship in the United States, it does provide protection from removal from the United States and employment authorization, and may serve as a bridge in some cases to a future immigration status.
Eligibility for DACA
There are several guidelines that an applicant must meet in order to be considered for eligibility for the DACA program.
They are as follows:
- Applicant entered the United States before turning 16
- Applicant is currently in school or a GED or similar program, or has successfully completed high school or a GED or similar program
- Applicant was under the age of 31 as of June 15, 2012
- Applicant was physically present in the United States on June 15, 2012 and at the time of application
- Applicant has continuously resided in the United States since June 15, 2007
- Applicant has not been convicted of a felony, significant misdemeanor, or 3 or more misdemeanors, and does not otherwise pose a threat to national security or public safety
- Applicant had no lawful immigration status effective June 15, 2012
Due to the current flux in the rules pertaining to DACA eligibility, you should seek professional assistance from experienced DACA attorneys if you seek to apply for DACA or to extend your DACA benefits. Our team at Pelton + Balducci is available to discuss your particular circumstances in a consultation.
Any evidence that demonstrates the bona fide nature of a marriage can be used, and there is not one specific item that is required in all cases. Rather, it is the totality of the evidence and the couple’s particular circumstances that will be considered when determining whether the marriage is bona fide.
Pros and Cons of DACA
The DACA program offers young people living in the United States temporary relief and, in some cases, a first step on the path to immigration status. There are, however, some things to keep in mind if you are considering applying.
However, our team at Pelton + Balducci believes that the benefits of obtaining DACA status are well worth the risks. These benefits include being able to:
- Legally reside in the United States
- Legally work (and receive employment and health insurance benefits)
- Attain higher education
- Open bank accounts and apply for credit cards
- Get a drivers’ license (in most states)
- Participate fully in your community
Frequently Asked Questions
1. What is DACA?
DACA, or Deferred Action for Childhood Arrivals, is a federal immigration program that provides temporary protection from removal for certain individuals who came to the United States as children. While DACA does not provide lawful permanent resident status, it allows eligible individuals to remain in the United States and apply for work authorization.
2. Who is eligible for DACA?
DACA eligibility depends on several requirements, including age at arrival, continuous residence in the United States, educational enrollment or completion, and lack of certain criminal convictions. Meeting all DACA eligibility requirements is essential before filing a DACA application.
3. Is DACA still available?
DACA remains in place for many current recipients, particularly for DACA renewal applicants. However, court decisions and policy changes can affect how the program operates. Because DACA rules may change, it is important to stay informed and seek legal guidance before filing a DACA application or renewal.
4. Can I apply for DACA for the first time?
At this time, initial DACA applications may be limited depending on current federal court rulings. Individuals who have never received DACA should consult with an immigration attorney to determine whether filing a DACA application is possible under current law.
5. How long does DACA protection last?
DACA protection is typically granted for two years at a time. DACA recipients must file a DACA renewal application before their current period of deferred action and work authorization expires in order to maintain protection.
6. What benefits does DACA provide?
DACA provides temporary protection from removal and eligibility for work authorization in the United States. DACA recipients may also apply for a Social Security number and, in many states, a driver license. However, DACA does not provide lawful permanent resident status or a direct path to citizenship.
7. How do I renew my DACA status?
To renew DACA, you must file a DACA renewal application with United States Citizenship and Immigration Services before your current status expires. Timely filing is critical to avoid gaps in employment authorization and deferred action protection.
8. What documents are required for a DACA application?
A DACA application requires proof of identity, evidence of continuous residence in the United States, documentation of educational enrollment or completion, and information about any prior immigration history or criminal record. Submitting accurate and complete documentation helps reduce the risk of delays.
9. Can DACA recipients travel outside the United States?
DACA recipients may request advance parole for limited travel purposes such as educational, employment, or humanitarian reasons. Travel without proper authorization can result in serious immigration consequences. It is important to obtain approval before leaving the United States.
10. Can DACA lead to a green card?
DACA itself does not provide a direct path to a green card or lawful permanent resident status. However, some DACA recipients may qualify for other immigration options through family based petitions, employment based petitions, or other forms of relief depending on their individual circumstances.
11. Can DACA be terminated?
DACA status can be terminated if eligibility requirements are no longer met or if certain criminal convictions occur. Because DACA is a discretionary form of relief, maintaining compliance with all requirements is important to preserve protection.
12. Why is legal guidance important for a DACA application or renewal?
DACA applications and DACA renewals require careful preparation and accurate documentation. Errors, omissions, or misunderstandings about eligibility can result in delays or denials. Working with experienced immigration attorneys can help ensure that your DACA case is properly evaluated and prepared.
How Pelton + Balducci Can Help
We know you are busy taking care of family and studying hard to get good grades. Working with us on your immigration case allows you and your family to rest assured that your case is in good hands.
Our New Orleans-based team is culturally competent, compassionate, knowledgeable, and experienced when it comes to immigration proceedings. We are well equipped to help you navigate the current legal climate.
We will provide you with open communication, guidance, and advice, along with connections to some of our legal and social service partners, as appropriate.
We believe that it’s a waste of human potential for bureaucratic obstacles to stand in the way of advancement, and we believe that families should be together.
That’s why we will work with you every step of the way to help you achieve the status that will help you and your family get one step closer to living your American dream.
We know you are busy taking care of family and studying hard to get good grades. Working with us on your immigration case allows you and your family to rest assured that your case is in good hands.
Our New Orleans-based team is culturally competent, compassionate, knowledgeable, and experienced when it comes to immigration proceedings. We are well equipped to help you navigate the current legal climate.
We will provide you with open communication, guidance, and advice, along with connections to some of our legal and social service partners, as appropriate.
We believe that it’s a waste of human potential for bureaucratic obstacles to stand in the way of advancement, and we believe that families should be together.
That’s why we will work with you every step of the way to help you achieve the status that will help you and your family get one step closer to living your American dream.
Contact a Louisiana immigration attorney today to get started with your DACA application
At Pelton + Balducci, we are devoted to providing effective and trustworthy services, as well as client satisfaction. Everyone on our team is fluent in Spanish and will work with translators when necessary. Give us a call today at (504) 708-5400 to schedule a consultation. We would love to speak with you if you have any questions or concerns about your DACA status or the program in general.
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