Q: Should I Bother to Apply for DACA?

Full question: Someone told me I might still be able to apply for DACA, but I heard that Trump will get rid of it. Should I bother to apply for DACA? 

A: In order to qualify for DACA, you must meet the following:

  1. You were under the age of 31 as of June 15, 2012;
  2. You came to the U.S. before you turned 16;
  3. You have continuously resided in the U.S. since June 15, 2007 to present time;
  4. You were physically present in the U.S. on June 15, 2012 and at the time of applying for DACA with USCIS;
  5. You had no lawful status on June 15, 2012;
  6. You are currently in school,
  7. You have graduated or obtained a certificate of completion from high school,
  8. You have obtained a GED certificate; or
  9. You are an honorably discharged veteran of the U.S. Coast Guard or Armed Forces; and
  10. You have not been convicted of a felony, misdemeanor, or three or more other misdemeanors, and do not otherwise post a threat to national security or public safety

During his campaign, Trump said that he would end DACA when he becomes president. It’s still not clear whether he actually will. However, if he does, it would seem pointless to apply for DACA as a first time applicant; and keep in mind that the filing fees will be going up in December.

For those who already have DACA and need to renew, it might be worth renewing as soon as possible because there is a chance that renewal will be processed before Trump’s presidency begins. This would also mean that you’d have your work authorization for another two years. Should Trump decide to get rid of DACA, it would mean you wouldn’t be able to renew it thereafter.

Do you qualify for protection under DACA and want to apply? Have you already received DACA and need to renew? Contact us today to discuss your legal options. And connect with us on social media for the latest immigration news, and other legal issues.

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