The challenges of applying
You must have continuous residence in the States from June 15, 2007, to August 15, 2012. If you left the U.S. during this time, the trip must be seen as brief, casual and innocent. Trips outside the U.S. after the August 15 deadline, do interfere with your continuous residence.
Any trip longer than a week can cause problems during the application process.
Even if you are unsure that your exit will be excused, you can still apply for DACA status. You won’t be punished for trying.
* If you are in the middle of applying for DACA and leave the country, your re-entry could trigger a bar, not just to DACA, but also to your permanent residence status later on.
*Exits after June 12, 2015, can only be brief, casual and innocent.
Be sure to start the reapplication process three to four months before expiration. We recommend finding a legal advisor since the renewal process is more complicated than the initial application. Be prepared to pay the necessary renewal fees, which are the same as the initial application fees. These fees cannot be waived.
Renewal Fees as of Feb. 6, 2015
- $380 filing fee for I-765
- $85 biometric service see which includes fingerprints and photos
- any additional legal fees, which can range from $500 to $1,500
Misdemeanors and Felonies
Keep in mind, there is much conflict between federal and state laws. However, federal laws will trump state laws. So, the following misdemeanors on the state level could be felonies on the federal level, and could ultimately bar your acceptance:
- Domestic violence
- Drug distribution/ Drug trafficking
- Driving Under the Influence
- Sexual abuse or exploitation
- Unlawful possession or unlawful use of a firearm
What is a felony?
A felony is any federal, state or local offense that is punishable by a sentence of more than one year. Even if you receive a sentence for less than one year, the original sentence could have been for a year or more; this would still be considered a felony.
What won’t be used against you:
- Minor traffic offenses (such as, failure to register tag, driving without a license)
- Expunged convictions
- Juvenile delinquency charges
As you can tell, there are many little details about DACA that you need to consider before applying. If you have additional questions, call us at , and we will be more than happy to talk with you!