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Deferred Action for Childhood Arrivals (DACA)

New York DACA Immigration Lawyer Serving New York City Residents

The Deferred Action for Childhood arrivals (DACA) program grants qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. Formerly known as the DREAM Act, the Deferred Action for Childhood Arrivals, DACA program can be used to help children pursue their dreams of staying in America and attaining lawful citizenship papers.

To qualify under DACA, an individual must:

Have arrived in the U.S. when he or she was under the age of 16;
Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
Not have been convicted of a felony offense, a “significant misdemeanor offense,” an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; three or more nonsignificant misdemeanors, or otherwise pose a threat to national security or public safety; and
Have been under 31 years on June 15, 2012

The deferred action offer is available to those in proceedings, those with final removal orders as well as to those who apply affirmatively.

President Trump has attempted to cancel the DACA program. However, DACA renewals can still be filed. Renewals should be filed between 150 and 120 days before the expiration of your work permit. Contact the Law Office of Heriberto Cabrera & Assocs. to discuss your DACA renewal. On June 18, 2020 the Supreme Court of the United States rejected the Trump Administration’s attempt to cancel the DACA program. Be Timely with your DACA renewal. Contact us and we will set up an in-person or video conference consultation with you.

Unlawful Presence Waivers- 601A

If you entered the U.S. without inspection and your spouse or parent is a U.S. citizen or permanent resident, you may qualify for a “601A” Waiver. The Unlawful Presence Waiver allows Certain aliens who have a US. Citizen or permanent resident spouse or parent to obtain permanent residence that was not previously available. In the past aliens were forced to depart the United States and request waivers of inadmissibility during the overseas immigrant visa process, often causing U.S. citizens to be separated for extended periods from their immediate relatives. However, the applicant needs to demonstrate extreme hardship to the qualifying relative.

Establishing extreme hardship is not an easy task and requires the assistance of an attorney who is familiar with the process. The bad news about the 601A waiver process is that the alien will have to return to his/her country of origin and re-enter the U.S. lawfully after being inspected. The Good news is that you will know before you return to your home country whether your application for a 601A waiver was approved. Please be mindful and work with your lawyer to make sure you have all the required documents for processing at your home country. Failure to do so may prevent you from experiencing a quick return to the U.S.Contact the Law Offices of Heriberto Cabrera & Assocs. and we will set up an in-person or video conference consultation with you.