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.

new orleans DACA attorney - pelton balducci

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.

“This firm is exemplary....They were absolutely devoted to our family's future and safety. Every time we met, it was like we were meeting a friend rather than an attorney-client business meeting.”

- Damir G.

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.

“This firm is exemplary....They were absolutely devoted to our family's future and safety. Every time we met, it was like we were meeting a friend rather than an attorney-client business meeting.”

- Damir G.

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.

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.

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.
1

Currently, deferred action provides temporary relief and does not confer lawful permanent resident status or a path to citizenship.
2

The Department of Homeland Security has stated that information in your DACA application is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) unless the application has a criminal history or serious immigration violation record. This means that applicants who received DACA deferred action generally will not be referred to ICE. However, application information can still be shared with other governmental bodies (including ICE and CBP) for reasons other than deportation. This covers not just applicants but also their family members and guardians.
3

DACA policy is subject to change at any time.
4

If you choose to apply for DACA and you do not meet the criteria, you will be exposing your status as an undocumented immigrant. This is why it’s vital to consult with an immigration lawyer before 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

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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