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DACA

Austin daca lawyer

deferred action for
Childhood Arrivals

Austin DACA lawyer Kalani Hawks Villafranca has helped hundreds of DACA recipients secure their DACA status and get the work permits they need to support themselves and their families. At Hawks Villafranca Law we can help you understand your options for first-time requests and renewals, as well as any risks that might be unique to your case.

Call us now  to apply or renew.

daca
frequently asked quesTIons

austin daca lawyer

what is DACA?

Deferred Action for Childhood Arrivals (DACA) is an immigration program that allows certain immigrants who came to the United States as children to receive permission to live and work in the United States for a limited period of time. Your DACA status can be renewed when it expires and each time you are granted a new period of DACA you also receive a work permit for that same time period.

who is eligible FOR DACA?

You are eligible for DACA status if you:

  • Came to the United States before you turned 16
  • Lived in the U.S. for at least 5 years before DACA was announced on June 15, 2012
  • Were present in the United States without any valid immigration status on June 15, 2012
  • Met certain educational or military service requirements when you first applied for DACA
  • Have either no or very minor criminal history

DACA applications are open to both first-time applicants as well those who have had DACA before, regardless of when your DACA status expired.

WHEN should I APPLY?

If you’ve never had DACA before, you should apply immediately so you can get protection from deportation and the work permit you need as quickly as possible. If you are renewing your DACA status, we recommend submitting a renewal application about 6 months before the expiration of your current status.

Can I renew my DACA status IF IT has already expired?

Yes. If you have EVER had DACA status, you can apply to renew your DACA status. It does not matter how long ago your status expired, you can apply now to renew. If your DACA status expired less than a year ago, the process for renewing is the same as if your status had not yet expired. If your status expired more than a year ago, you will need to send in more documents and evidence. At Hawks Villafranca Law, we can help you collect the important evidence you need to support your DACA application, no matter how long ago it expired.

can i apply for daca for the first time?

Yes! DACA applications are being accepted and granted for anyone who is eligible for DACA status. If you want to request DACA for the first time, you should start collecting the necessary application documents, such as your education, addresses, work history, any contact you’ve ever had with law enforcement or the courts, and any contact you’ve ever had with immigration. This information, as well as more detailed information and proof about your history living in the United States, will be required of all first-time DACA applicants.

Can I get DACA status if i have a criminal record?

Maybe. Any prior contact with law enforcement, even if you were never charged with or convicted of a crime, can increase the chance that your DACA application will be denied. If you have been convicted of certain crimes, your DACA application will automatically be denied and you could be referred to immigration court for deportation proceedings. If you have ever had any contact with law enforcement, it is very important that you speak with a trusted immigration attorney who can review your case and determine your eligibility for DACA as well as any risks that might be unique to your case.

Can I get a green card or become a citizen if I have DACA?

Maybe, but not through your DACA status. DACA is not a valid visa or a green card and does not provide any path to citizenship. Many DACA recipients, however, may be eligible for a visa or green card through family members who are U.S. citizens or residents. Click here to learn more about who is eligible for family visas or green cards. If you think you might qualify for a family visa or green card, call us today to schedule a full case evaluation.

Can I APPLY FOR DACA myself without the help of an immigration attorney?

You could try to get your DACA status without the guidance of a trusted DACA lawyer, but you shouldn’t. Doing your application yourself is risky and comes with a higher chance of denial, especially if you’ve ever had contact with law enforcement, immigration police, or immigration courts. The immigration system is very unforgiving and small mistakes on your DACA application now, even if they are honest mistakes that you can explain, could have major consequences for your future in the United States.

Even if you are able to successfully get your DACA without the help of an attorney, doing so could hurt you if you want to apply for other immigration benefits in the future. Without the guidance of an experienced, knowledgeable immigration attorney, you could answer a question incorrectly or leave out important information. Both of these things could make it much harder for you to get a visa or green card in the future. Your DACA application is just one small part of your immigration journey in the United States and an immigration attorney can help make sure you stay on the right path.

Can I hire a notario to APPLY FOR my daca status?

Notarios are NOT legally allowed to provide immigration services because they do not have the education, license, or experience to fully understand the complex system of U.S. immigration laws.  When notarios practice immigration law they are committing a crime, and they often hurt the people they are trying to help because they do not fully understand the consequences of what they are doing. Consult with a qualified immigration attorney, DO NOT WORK WITH NOTARIOS!

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