Deferred Action for Childhood Arrivals Attorney
Deferred Action for Childhood Arrivals Attorney Serving The Greater Palm Springs Area
The attorneys at The Luna Firm handle the new law for Deferred Action for Childhood Arrivals.
As a law office, we will take you step by step through the process to ensure that your case is filed correctly. Below we have included some Frequently Asked Questions to help you in deciding whether you may qualify.
What is Deferred Action?
Deferred action is a determination by Immigration (USCIS) to STOP a potential DEPORTATION of a person who is here UNDOCUMENTED, as an act of discretion by prosecutors of the United States.
We have encountered many people who are afraid of applying because they believe that immigration will find them and they will be deported. Do not be afraid to apply for this program. The Immigration Service, USCIS, states that you can apply to remain in the U.S. temporarily under this program “without fear of deportation.”
What is the new Presidential Executive Action?
As of the President's November 20, 2014 press conference, the president expanded the rules for Deferred Action for Childhood Arrivals (DACA) program that will be effective in approximately 90 days. If you did not qualify previously, the expansion of the rules will apply to more individuals, without any capped age restrictions, as explained below:
Who can Apply?
- Individuals born before to June 15, 1981, who meet all other DACA guidelines.
New changes
- Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
- Requires continuous residence in the United States since January 1, 2010. This eliminates the old requirement of June 15, 2007.
- Extends the deferred action period and employment authorization to three years from the current two years.
When is the new program in effect?
- Approximately 90 days following the President's November 20, 2014, announcement.
How do I qualify for DACA?
- Were under the age of 31 as of June 15, 2013; (Executive action has changed this section- see above)
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time; (Executive action has changed this section- see above)
- Were physically present in the United States on June 15, 2013, and at the time of making your request for consideration of deferred action with USCIS; (Executive action has eliminated this- see above)
- Entered without inspection before June 15, 2013, or your lawful immigration status expired as of June 15, 2013; (Executive action has changed this section- see above)
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
If I am approved, how long is my work permit good for?
Initially, DACA applicants were granted a work permit for 2 years, which is renewable after expiration.
Under the new presidential executive action, the work permits will be good for 3 years.
Why should I get an attorney to help me file?
Deferred action is a determination by Immigration (USCIS) to STOP a potential DEPORTATION of a person who is here UNDOCUMENTED, as an act of discretion by prosecutors of the United States.
Deferred action DOES NOT automatically make a person lawful in the United States, although later down the road you may be able to remain in the country through another avenue that may be available to you.
This is why you need an attorney before you apply, in order to guide through the process and provide for you the best way of gaining residency. It is not as simple as providing an application and proof, it is much more complex than what you have heard on TV or read on websites.
What happens if I get approved for Deferred Action, am I automatically legal?
No. Most people are misunderstanding this new law and it is why we can help you.
Even if a person whose case is "deferred" or approved under the new law, "deferred action" does not excuse individuals of any previous or subsequent periods of unlawful presence. This means that there may still be a penalty for being in the country illegally. Deferred Action is only temporary.
Under existing regulations, a person whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate "an economic necessity for employment." HOWEVER, Immigration (USCIS) can terminate or renew deferred action at any time at the agency's discretion. Many people think that everything is over once they get approved, when it is not.
Does deferred action provide me with a path to permanent residence status or citizenship?
No. Deferred action is a form of discretion, not to remove you from the U.S. temporarily. It does not make you a lawful permanent resident status or a citizenship.
However, our office is very experienced in handling complex immigration cases. We will work directly with you throughout any of your approvals to assist you to eventually become a permanent resident. It will not be through Deferred Action, but possibly through other options you may have available to you right now.
Remember, you may have a way to gain permanent residency or citizenship RIGHT NOW, and you do not even know it. This is why it is so important to hire an experienced attorney to help you.
reviews
- Le doy las grasias y recomiendo al abogado Joe luna por ayudarme a recibir mi residencia aunque tenía un difícil caso logró ganar mi residencia es buena persona tiene pasiensia y habla mi idioma que es muy importante para que me entienda- Olga Gomez. 2/14/2020
- If you have talked to other Immigration Attorneys Local and out of town I highly recommend you talk To Attorney Joe Luna Before you hire anyone else you will not regret it After years and money spent with no positive results Joe got me My rightful Benefit of being a US Citizen by son of Us citizen after over 20 yrs of other attorneys taking my money and not getting any results Joe saw the same paperwork I took to other attorneys and in less than 6 months I was at at Immigration office being Sworn in as a US Citizen don’t deny yourself of the best legal representation Give Joe Luna a call beyond thankful for what he did for me and my Family....- Carlos valdez. 1/29/2020
- A year ago, my wife and I went to Commonwealth Law Group to seek out the assistance of Joe Luna in order to adjust status here in the US. Hand on my heart, there was no one better for the job. My wife and and I are so grateful to him and his team at Commonwealth. From the beginning, he was patient and understanding, answering all our questions and meeting with us frequently. We felt like he always put us first and is very diligent. Joe is very knowledgeable when it comes to immigration issues. Believe me, he's the guy you want on your team. We will definitely go back to him when it comes to removing conditions on our green card.- P&I Case. 1/7/2020
- Joe Luna was great in our 3 cases, He did everything in the right way. 3 different cases with 3 different interviews which passed easily. He was listening to us, & advising us. He was supportive all the time. He knows exactly how to deal with citizenship cases.- Halla Nuoman. 1/6/2020
- Great service, very professional and trustworthy. Thank you so much for all your help Atty. Luna.- Nerissa Mingo. 0/27/2020
- Outstanding service.- Nikolaos Konstantopoulos. 11/31/2019
- This law firm is efficient and responsible always provide the best service and care for their customers. Always look for the solution to the problem you have. I say this from experience, when they denied me the procedures of my residence, they quickly acted in resolving my case and why I had been denied. Especially Mr. Luna sought the quickest and most effective solution for this to be solved and we had an answer as soon as possible. Thanks to him Mr. Luna my case was resolved satisfactorily I recommend them.- Brian Vazquez. 5/13/2019
- I recommend Joe Luna he’s the best lawyer!! In my case that I had before him I had 2 other lawyers and they never helped me and they would just give me a hard time until I found Joe Luna. He always told me to have trust in him and he would resolve my case without any problem and in about 5 months I got my green card and got accepted. Thank you for everything Sir Luna for being honest and professional. God bless you and your family for being a human being with a great heart and a great lawyer.- angel g torres. 4/30/2019
- We highly recommend Mr. Luna's service. We are happy with Mr. Luna's professional service and dedication. He was very responsive and fast. He is knowledgeable, trustworthy and an experienced lawyer. It was nice to have him as our lawyer from the beginning of the application until the interview process. Mr. Luna's interview preparation was very helpful and his presence during the final interview was professional as a lawyer and comforting as a person. He made us feel confident and secure. Thank you for your service and best wishes for your future clients.- Sokono Soko. 4/14/2019
- Awesome place clean inviting and the staff is knowledgeable and straightforward- Ruben Pardo. 3/15/2019
- Mr. Luna and his office are incredibly knowledgeable and helpful. They walk immigrants through the whole process and are very responsive to questions. I couldn't be happier with the service they provided.- Autumn Dirnberger. 2/30/2019
- Words cannot describe how grateful I am to Mr Luna and the firm for helping me with my case.- Cristopher Guzman. 0/27/2019
- Best law group in the valley highly knowledgeable and kind- Franky Alvarez. 10/1/2018
- Highly recommended, professional staff. They kept us informed during the entire process my family and I appreciate your business.- Claudia Aguayo. 7/6/2018
- My experience with Mr.Luna was great I couldn't ask for anyone better and they treat you like family and work very professional! I would strongly recommend him and his team to anyone.- Alma Bringas. 5/10/2018
- Joe Luna personally got my family through a tough citizenship application process successfully. My family and I are very fortunate to be where we are because of all his hard professional work. I highly recommend him and his team for all your immigration needs. If there’s a way he’ll find it. Thanks Joe. Jorge and José Santos- Jorge Santos. 5/5/2018
- Very thankful with Mr. Luna, helped me and my wife obtain our greencards in a very professional way and timely manner. Absolutely great full with him and his whole team, amazing people to work with, akways there to help and treat you like part of their family. They treat your case as if their own personal case and very proffesional in every sence of the word. WILL ALWAYS RECOMMEND TO ANYONE AND HAPILY USE HIM IF NEED BE IN THE FUTURE ONCE AGAIN!!- Jorge Gonzalez. 2/14/2018
- My husband had a very unique case. It was taking forever. Atty Luna was very helpful and patient with us during the process. We we not happy with the first attorney and were thrilled when Atty. Luna took over. He explained everything and made sure that we understood what was happening. Thanks to his help my husband's green card was reinstated and we are awaiting his citizenship approval.- H M. 1/17/2018
- To Atty. Luna and the rest of the staff and assistants , thank you for handling my papers properly thru my citizenship. I would recommend this Law office.- bryn c. 1/14/2018
- They did a fantastic job helping my dad get his green card. I definitely recommend their services.- Bryan Agbayani. 0/29/2017
- Good laywers group- Richie Dinho. 0/13/2017
- Mr. Luna and everyone in the office handled my immigration case with professionalism, courtesy, and attention to detail. After just four short months of working with Commonwealth Law Group, I had a satisfactory resolution to my unique case. I recommend them highly.- Akram Shaaban. 11/14/2016
- My first consultation with the immigration attorney was free. He and his assistant spent close to an hour with my husband and me, explaining the process involved in completing the requirements for permanent residency status as a Native American born in Canada. Where to begin, what to do, what not to do. What they will do, how long it will take and what it will cost. I feel confident that Mr. Shaeffer will handle every detail of my case competently and wisely. He has more than expertise in his field, he is also charismatic and likable. I would not hesitate to recommend him to a friend.- Cynthia Bennett. 0/16/2013
- After several years trying to get our ducks in order for a greencard and not having much success, we were recommended by a friend to try Commonwealth Law Group. As they were conveniently located in Rancho Mirage, we wasted no time in setting up interviews...etc We were pleased that they actually offered us two different ways we could go about getting the permanent residency. One short year later we received our cards in the mail. Thanks to Comonwealth Law Group and its team in Rancho Mirage for affording us the opportunity to get our residency. Their initiative, enthusiasm, knowledge of the system and great work were the key factors in our success. RRV- Raoul Vanier. 11/10/2012
46 Reviews