Request a Consultation With an Experienced Attorney
1-800-666-4996

Deferred Action for Childhood Arrivals (DACA)

Some immigrants were brought to the United States as children and, through no fault of their own, now have no legal status or citizenship in the United States. Deferred Action for Childhood Arrivals is a step toward addressing this problem.

Deferred Action for Childhood Arrivals (DACA)

What is DACA?

DACA stands for Deferred Action for Childhood Arrivals. It is an immigration policy instituted in 2012 through an executive order signed by President Barack Obama and implemented by the Department of Homeland Security. DACA provides a legal means for some immigrants who were brought to the U.S. as children to stay in the United States. Deferred action under DACA simply means that the government agrees not to pursue deportation proceedings against the individual for a period of two years. This deferred action is renewable, but it is important to note that it does not confer lawful status upon the immigrant.

Who is eligible for DACA?

To be eligible for consideration of deferred action for childhood arrivals, applicants must meet certain criteria. To apply for consideration of deferred action, an applicant must:

  • Have been under the age of 31 as of June 15, 2012, and over the age of 15 at the time of application
  • Have arrived in the United States prior to their 16th birthday
  • Have continuously resided in the U.S. since June 15, 2007
  • Have been present in the U.S. on June 15, 2012, and on the date on which the applicant made the DACA request with the U.S. Citizenship and Immigration Services (USCIS)
  • Had no legal immigration status on June 15, 2012
  • Be currently in school or have graduated from high school, received a general education development (GED) certificate, or be a veteran of the U.S. military who was honorably discharged
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors
  • Not pose a threat to public safety or national security

What does deferred action for childhood arrivals mean?

Deferred action for childhood arrivals means that some undocumented immigrants who were brought to the U.S. as children can apply for deferred action from deportation. This deferred action is granted for a period of two years and is renewable. Being approved for consideration of deferred action does not grant the individual lawful permanent resident status or a path to citizenship.

How can I apply for DACA?

DACA applicants will need to complete two forms and one worksheet: I-821D (Consideration of Deferred Action for Childhood Arrivals), I-765 (Application for Employment Authorization), and I-765W (Worksheet). Individuals making DACA requests will also need to submit documents as evidence that they meet the guidelines for the DACA program, as outlined above. These documents may include:

  • Proof of identity in the form of:
  • A passport or identity document from your country of origin
  • Your birth certificate along with a photo ID
  • School or military ID with a photo
  • Any U.S. government immigration or other document which includes your name and photo
  • Proof you came to the U.S. before your 16th birthday in the form of:
  • Your passport with admission stamp
  • Form I-94, I-95, or I-94W
  • School records from schools you attended in the U.S.
  • Any document from the Department of Homeland Security or the Immigration and Naturalization Service which includes proof of your date of entry to the U.S.
  • Travel records
  • Medical or hospital records
  • Tax receipts
  • Insurance policies
  • Deeds, mortgages, or rental agreements
  • Motor vehicle license or registration receipts
  • Bank records
  • Birth certificates of children born in the U.S.
  • Money order receipts
  • Employment records
  • Official religious records confirming that you participated in a religious ceremony
  • Proof of immigration status in the form of:
  • Form I-94, I-95, or I-94W with an authorized stay expiration date
  • A final order of deportation, removal, or exclusion issued before June 15, 2012
  • A charging document placing you into removal proceedings
  • Proof of presence in the U.S. on June 15, 2012, and proof of continuous residence in the U.S. since June 15, 2007, in the form of:
  • School, military, or employment records
  • Utility bills or rent receipts
  • Money order receipts
  • Official records from a religious ceremony
  • Birth certificates of children born in the U.S.
  • Bank records
  • Passport entries
  • Motor vehicle registration or license records
  • Deeds, mortgages, or rental agreements
  • Tax receipts and insurance policies
  • Proof that you were a student at the time of your DACA application in the form of:
  • School records such as report cards or transcripts
  • U.S. high school diploma or GED certificate
  • Proof that you are an honorably discharged U.S. military veteran in the form of:
  • Military personnel or health records
  • Form DD-214, Certificate of Release or Discharge from Active Duty
  • NGB Form 22, National Guard Report of Separation and Record of Service

Can you legally work if you have been granted deferred action?

Applicants who have been granted deferred action are eligible for employment authorization documents, but this is a separate authorization. You will need to submit a work authorization request in addition to the deferred action request, and if approved you will receive work authorization as a separate document.

Future of DACA

Needless to say, DACA is a controversial political issue. The Trump Administration attempted to phase out DACA, stopped accepting new applications, and limited DACA renewals to one year. However, a U.S. Supreme Court decision in June 2020 saved the DACA program by ruling that a plan to end the program could not immediately proceed due to the manner of the rescission being improper. The Supreme Court decision thus did not rule on the legality of the DACA program itself but allowed it to remain in place nonetheless. This Supreme Court ruling ordered the federal government to again begin accepting applications for DACA, which it had previously suspended. Previous one-year deferred action and employment authorization documents were also extended to two years. DACA was still in peril, however, since the Trump Administration was still permitted to attempt to rescind the program in a legal manner in the future under the Supreme Court ruling.

Throughout his 2020 campaign for President of the United States, Joe Biden pledged his support for the DACA program. On January 20, 2021, in one of his first acts as president, Joe Biden issued an executive order reinstating DACA.

“We’re Located Miramar, Florida”
Find Us

Testimonials

Saman was referred to me 5 years ago by a family friend who had used her services and was happy with them. When I contacted her, even though she was not my attorney yet, she did not hesitate to talk to me about my case. Later, as my marriage-based case progressed and became more complicated, she was able to help us through each step successfully. Our case got approved thanks to her! Also, my parents were selected in the DV lottery but with the new immigration complications and the fact that my family comes from one of the countries on the banned list, we have been concerned. However, she has managed to help us through their case as well. We appreciate Saman’s knowledge of the system, her availability, and her patience. I feel comfortable texting her at any time to ask her questions when I don’t have the chance to call or write an email. She is on top of it and responds to all of my questions thoroughly and promptly. Would definitely recommend her! Even if you are not sure you need an attorney I would give her a call

- Arvin

Saman is very helpful, my case was a little complicated, Saman gave the consultants very efficient, thanks Saman!

- Matt

I really appreciate the help from Saman. Her professionalism and knowledge helped me to get my case approved. I also appreciate her patience throughout the whole process as well and make sure I understand her approach for my case. Would definitely recommend her!

- Anonymous

Having to request the services of an Immigration Lawyer is a daunting experience. Saman has the most reassuring attitude, which instantly put me at ease. She and her staff are diligent in planning the appropriate course of action and executing it without delay. She is approachable, warm, knowledgeable, direct and genuine. To me, she is the modern face of Immigration lawyers! If you are reading those reviews here, look no further. Contact her. She'll help you.

- Anonymous

Her professionalism is excellent. She helped us through with patience and respect. Everything went smoothly. An important ally in an overwhelming process.

- Angela

Saman was very professional and thorough, she prepared me well for my interview and everything went smoothly.

- Jimmy

I am extremely happy to have had Saman guide us through an immigration case. She was extremely helpful and dedicated to our case; and ultimately, delivered great results. Would definitely recommend!

- Andrea

My partner won the diversity visa lotery and We werent married at the time. My wife and I filled the forms and we made a mistake. Saman helped us to fix our mistake and updated our case with the US office. She was kind and efficient with us. Thank you for your help Saman!

- Silverio

Excellent service and staff. Always responded and answered all of my questions right away.

- Franchescoli

My experience with Saman & her office was exceptional. Alba, the paralegal in her office was always a call or email away. Efficient in their responses made me at ease throughout the process. I would definitely recommend them to anyone!

- Kristal Garia-Augier

There is no better feeling than to be taken step by step though the overwhelming process of becoming an American Citizen with flawless professionalism and expert knowledge. Saman does this with perfection. She is patient, honest, organized, fast and very experienced. There is no question in my mind that I could not have done this with out Mrs. Saman Movassaghi and her outstanding firm. Thank you for taking me every step of the way

- Luis Kuri

Saman did an excellent job of streamlining the process of acquiring my green card. She not only did so in a prompt and professional manner, but she was there to answer any questions that came up during the process. I would highly recommend her to anyone!

- Ayelet Gilady

I am very happy to know that I was approve for my green card today thanks to her, and I love the way how she work to help me she make time and talk to me about my case and when I text she would always text me back on time and I most admit I was a little annoying but she put up with me and she did all my paperwork the right way and now I am a happy man . And she also help me with my dui charge so I am grateful to have mrs saman as my attorney she is the best and I will introduce my friend to her . So she can help her and her husband

- Orlando Smith

Trying to understand immigration laws of USA is one of the biggest challenges I have faced. Saman make it to me and my wife so simple that we change a complete stress and complicated scenario to a 1,2,3 process. I would highly recommend to anybody in need of immigration counseling to give themselves the opportunity of a very professional, honest and transparent guidance with Saman and her team.

- Santiago Gonzalez

My wife and I hired Saman to help us with a permanent residency application. My wife is a U.S citizen and I am Canadian. Right from the start she was very easy to deal with and schedule time with. I was in medical school and in the process of applying for residency. Saman was able to get me an Employment Authorization Document while awaiting my greencard, which meant that I was eligible to apply to significantly more programs because I would not require any visas. Also, during our in-person interview, the interview stated that he has been doing this for 21 years and has never seen anyone this well prepared. Because of this, we were asked very few questions and I was given my green card a week later. I would highly recommend you chose Saman for any and everything to do with immigration.

- Anonymous

It is with pleasure I would like to compliment the executive and legal staff of the Florida Immigration Law Counsel, for their kind, human and professional attention to our most recent process with the Government Immigration Services departments. In particular I would like to commend Saman Movassaghi on her highly detailed preparation of the process resulting in a trouble-free conclusion and the issuing of our required visas. I highly recommend the professional services of this Law Office and Saman for services related to Immigration and wish them well for the future.

- Virgil

We are very pleased with the experience we had with Saman. She guided us through a very cumbersome process and made it much less stressful. With her help we were able to obtain green cards for some of our employees. We would highly recommend her!

- Erin

Attorney Saman and Alba were so helpful! They helped me with the entire processing of getting my EAD card expedited. They were so patient and thorough. Words cannot describe my appreciation. If you’re looking for a reliable immigration attorney, please don’t look further.

- Rui

I am very happy to know that I was approve for my green card today thanks to her, and I love the way how she work to help me she make time and talk to me about my case and when I text she would always text me back on time and I most admit I was a little annoying but she put up with me and she did all my paperwork the right way and now I am a happy man

- Orlando

If your looking for and excellent immigration lawyer look know more, Saman Movassaghi is so great in her practice she just recently got my papers for me in less then a year , I really taught it want be possible , because of simple mistakes in the pass, but if she said she can do it , I would recommend any one not to hesitate and go with her she’s is awesome with a lovely staff , I thank u so much again

- Demico

Ms. Saman Movassaghi is the smartest, nicest and most talented attorney I have ever met. She is an exceptionally great immigration lawyer. She has handled my case with confidence, efficiency, effectiveness and professionalism. As I observe, she is truly dedicated to his clients and has shown genuine interest in helping them. Her answers are always thoughtful and accurate. She and her firm treat clients with care, honesty, respect, warmth and humility. My case was not easy, but I got approved my Green Card the end day of 2019! Thus, I highly recommend her for any legal work regarding Immigration proceedings.

- Amy Park

Saman and her team did an amazing job combing through my problematic history with the US visa and walked me through all the way until I received the visa ! After a decade and four denials ! The documents prepared by them were thorough and I came to the interview really prepared. Thanks again for the service and attention to detail !

- Reizel Roth

Great experience with this law firm! Very generous, enthusiastic, and stuck to their word.

- Margy Orozco

Really appreciated all the work and effort they put into my application. Very knowledgeable and friendly and did everything they could to help us.

- Lee Keyrouz

Saman and her staff were able to assist us in what we felt to be a difficult case which took over 9 months. I want to especially thank Lianette, one of Saman's paralegals, who was continuously diligent and handled the matter with a sense of urgency as if it was a personal matter for herself. If ever needed, we will definitely return. Thank you!

- Leti Betti

(Translated by Google) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us !! we are a super happy customers we strongly recommend her. Our experience with lawyer Saman Movassaghi as a representative was very positive and exceptional, a human person and with a lot of dedication to his work, always pending and accessible to any concerns of his clients, a person who knows what he does very smart and eagerly to solve as difficult as the case may be, I have plenty of words of thanks in the way she and her team handled our case. With professionalism and ethics., we will be forever grateful, I recommend it with closed eyes. Thank you!! (Original) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us!! we are a super happy customers we strongly recommend her. Nuestra experiencia con la abogada Saman Movassaghi como representante fue muy positiva y exepccional, una persona humana y con mucha dedicacion a su labor, siempre pendiente y accequible a cualquier inquietud de sus clientes, una persona que sabe lo que hace muy inteligente y con muchas ganas de solucionar por mas dificil que sea el caso, me sobran las palabras de agradecimiento en la forma como ella y su equipo llevaron nuestro caso. con profesionalismo y etica., estaremos por siempre agradecidos, la recomiendo con ojos cerrados. Gracias!!

- M Carvajal

Very friendly and knowledgeable staff. Will return if need be.

- Juan Echavarria

Saman and her team are very professional, warm and thorough. She used her vast knowledge to ensure my husband and I were well prepared for our interview. Interesting enough the immigration officer expressed how impressed he was with the packet and her knowledge— making for a smooth interview. Additionally, she is just a delight to work with and treated us with such kindness we thought we were only clients. I would recommend her services any day of the week. Can’t say thank you enough!

- Noelle Mcgeachy

If you want the best results, then Florida immigration Law Counsel is your way to go. Saman took all the time in the world to explain every detail about the Labor Cert/EB2 process plus her confidence in the process was unbelievable. She is extremely knowledgeable which automatically gave me so much confidence, because she knew what she was talking about. Saman and Lianette are super-fast to answer e-mails, are always available for calls and they explain everything in detail. Thanks to them my process had no set-backs, plus they always gave me great advise—they know their way around every situation, and their customer service is top of the line!

- Andres Guerra

Saman Movassaghi provided detailed and precise correct guidance on an immigration matter that my family and I were facing. Her communication and responsiveness is unparallel. I highly recommend hiring her to take care of all your immigration needs. I never expected her to be so in tuned with my situation and really care about the welfare of my family and I as much as she did. 5-Star Service.

- Jacob Rahamim

My husband and I can’t thank Saman and her staff enough. They helped my husband to finally get his permanent residency after almost 4 years of waiting. We are forever grateful for their hard work and dedication!

- Anya Taylor

They work your case as if it was their own! Trustworthy honest lawyers!!! You can feel at ease and in great hands, THE BEST HANDS if I may say. Will absolutely recommend them to everyone I know.

- Brenda Miceli

Great team and highly efficient attorney. The only place I recommend for immigration needs. The ladies are professional and knowledgeable in their jobs.

- Paola Berrios

I want to give my big “Thank You!” and appreciation for Ms Saman Movassaghi and her highly professional team! They did an amazing job with our case- they were caring, straight to the point and very helpful from the begging to the end! You can tell that the people in this office know and love what they are doing! I will highly recommend their service to anyone who is dealing with any kind of immigration procedures!

- Georgi Tashev

Best lawyer for immigration and the best team! I’ll always be grateful for their dedication and hard work. Super easy to communicate, always available, always on top of the situation, always ready to answer any of the questions and deal with any situation we faced. I would definitely recommend to anyone, they are simply the best.

- Dediu Mihai

The good is very good. This practice is professional grade. The best part was that I could completely trust Mrs. Saman Movassaghi and her team to delivery quality service to me and my family. The attention to detail and results are impressive. Highly recommended.

- Diego Perez

At Florida Immigration Law Counsel you will receive the best help you can get. My family and I are grateful for their guidance and advice with our case. The attorney is very knowledgeable, dedicated, and a great human being. The team is very nice and will help you with any concerns you have. This is the place to go if you have an immigration case. You will always feel like everyone in the office has your back throughout the whole process.

- Juan Londoño

There is not much more to say about Florida Immigration Law Council aside from the fact that they are absolutely amazing. As delicate and scary that these situations are, their professionalism and attention to detail made the process stress free. My family and clients are forever grateful to you. This company is a testament to the American way and dream! You have my gratitude.

- Francisco Rakhar

I cannot say enough good things about them. I personally worked with Saman and Lianette to get my green card, and thanks to them I'm now a permanent resident. They were always one step ahead of everything and their attention to detail is impeccable. Every time I sent an email I would hear from them immediately and anything that had to be done they would do super fast! I would ask a million questions and they were so patient with me and explained everything perfectly. They are extremely knowledgeable which is why my process was super smooth! My process was in the best hands and cannot wait to work with them again when I'm getting my citizenship! If you want the best results and a stress free experience then Florida Immigration Law Counsel is the way to go.

- Nicole Abuchaibe

The dedication this office has to their clients is second to none! They treat their clients with professionalism and care, staying on top of our case and keeping us informed step by step. After multiple consults with different practices, I knew this was the place for me. Florida Immigration Law Counsel is by far the best practice I have encountered.

- Christine Rakhar
EnglishFrançaisItalianoRomânăEspañol