Attorney Michele Da Silva is an aggressive immigration attorney with extensive immigration experience, including filing DACA, Deferred Action for Childhood Arrivals petitions with the U.S. Citizenship and Immigration Services for consideration.
What You Should Know
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.
Who Can Request for DACA consideration?
You may request consideration of deferred action for childhood arrivals if you:
1) Were under the age of 31 as of June 15, 2012;
2) Came to the United States before reaching your 16th birthday;
3) Have continuously resided in the United States since June 15, 2007 up to the present time;
4) Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5) Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6) 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
7) 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.
What is the Age Requirement?
Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order. Click here for more about Removal Proceedings.
Prior to filing, applicants with a Criminal Record must consider whether they have a "Significant Misdemeanor."
What is a Significant Misdemeanor?
U.S. Citizenship and Immigration Services may deem as “significant” any misdemeanor involving any of the following offences:
*sexual abuse or exploitation;
*unlawful possession of firearms;
*driving under the influence; or
*drug distribution or trafficking.
In addition, any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to an immigration detainer, will be deemed a significant misdemeanor.
If you have a criminal record, it is highly advisable that you speak with an experienced Immigration and Criminal Defense attorney prior to filing for DACA consideration as certain convictions may have serious immigration consequences. Contact Attorney Michele Da Silva and Da Silva Law Group today to schedule your consultation at (781)223-6100.