DACA

DACA 2012

Every Immigration case is different. In an initial consultation the attorneys of Gomez & Douat, LLP will provide you precise and individual information based on your case and particularized situation. From there we will explain important issues like:

Which immigration laws apply?
Do I qualify for relief?
Is there a risk in applying for that benefit?
What happens if my case is denied?
Even if I qualify, what are the possible problems I can encounter with this application process?
Can I help or include a family member in my relief application?
And any other questions related to your immigration case!

To schedule your initial consultation in our office call us at (408) 780-1015 or visit our contact us page.

General Requirements for Deferred Action for Childhood Arrivals (DACA) 2012

The immigration relief granted through DACA includes work authorization and protection against deportation for two years. However, DACA does not lead to Lawful Permanent Resident (LPR) status or Citizenship.

You make qualify for DACA 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. Had no lawful status on 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, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. (Any association or affiliation with gangs can be considered a public safety threat).

What is the difference between “significant misdemeanor”, “non-significant misdemeanor”, and “felony”?

Felony  Significant Misdemeanor  Non-significant Misdemeanor
A felony is a federal, state or local criminal offense punishable by imprisonment for a term exceeding one year.  A significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and:

Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,

If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

A crime is considered a non-significant misdemeanor (maximum term of imprisonment is one year or less but greater than five days) if it:

•    Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and

•    Is one for which the individual was sentenced to time in custody of 90 days or less.

A minor traffic offense will not be considered a misdemeanor for purposes of DACA, However, driving under the influence (DUI) is a significant misdemeanor regardless of the sentence.

What kind of documentation do I use to prove my eligibility?

Proof of identity Passport or national identity document from your country of origin

Birth certificate with photo identification

School or military ID with photo

Any U.S. government immigration or other document bearing your name and photo

Proof you came to U.S. before your 16th birthday •    Passport with admission stamp

•    Form I-94/I-95/I-94W

•    School records from the U.S. schools you have attended

•    Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)

•    Travel records

•    Hospital or medical records

•    Employment records (pay stubs, W-2 Forms, etc.)

•    Official records from a religious entity confirming participation in a religious ceremony

•    Copies of money order receipts for money sent in or out of the country

•    Birth certificates of children born in the U.S.

•    Dated bank transactions

•    Automobile license receipts or registration

•    Deeds, mortgages, rental agreement contracts

•    Tax receipts, insurance policies

Proof of immigration status •    Form I-94/I-95/I-94W with authorized stay expiration date

•    Final order of exclusion, deportation, or removal issued as of June 15, 2012

•    A charging document placing you into removal proceedings

Proof of presence in U.S. on June 15, 2012 •    Rent receipts or utility bills

•    Employment records (pay stubs, W-2 Forms, etc)

•    School records (letters, report cards, etc)

•    Military records (Form DD-214 or NGB Form 22)

•    Official records from a religious entity confirming participation in a religious ceremony

•    Copies of money order receipts for money sent in or out of the country

•    Passport entries

•    Birth certificates of children born in the U.S.

•    Dated bank transactions

•    Automobile license receipts or registration

•    Deeds, mortgages, rental agreement contracts

•    Tax receipts, insurance policies

Proof you continuously resided in U.S. since June 15, 2007 
Proof of your student status at the time of requesting DACA •    Official records (transcripts, report cards, etc) from the school that you are currently attending in the United States.

•    U.S. high school diploma or certificate of completion

•    U.S. GED certificate

Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. •    Form DD-214, Certificate of Release or Discharge from Active Duty

•    NGB Form 22, National Guard Report of Separation and Record of Service

•    Military personnel records

•    Military health records


WHY SHOULD I OBTAIN HELP FROM AN IMMIGRATION ATTORNEY? CAN’T A NOTARY PUBLIC, IMMIGRATION CONSULTANT, OR MY TAX PREPARER COMPLETE THE PROCESS FOR ME?

It does not take a lot of skill to complete a form which is the only thing Notary Publics and even Immigration Consultants can legally do; the complicated part of immigration law is knowing whether or not you should and there are a lot of factors that go into making that decision which must be determined on a case by case basis and explained to you by a knowledgeable professional.

Under California law, only an Attorney with a valid license or a BIA Accredited Representative who must be connected to a BIA Accredited non profit organization can REPRESENT YOU in an immigration case.

Notary publics, Immigration Consultants, and others do not have the education or legal experience to be able to assess your case with immigration, and under California State Law it is AGAINST THE LAW for them to provide you with legal advice.

Applying for an immigration benefit is not easy, if you:

  • Entered the United States unlawfully,
  • Entered lawfully but your permission to remain in the US has expired,
  • At any point you have been convicted of a crime (including misdemeanors),
  • Had contact with immigration, ICE, CBP,
  • Been deported,
  • Entered with false documents,
  • Claimed to be a Lawful Permanent Resident (LPR) or a US Citizen (USC) in order to enter or work in the United States,
  • Have registered to vote, or
  • So many other particular situations or legal complications

It is possible that you may not qualify for the immigration benefit that you are seeking or that you will need to file a waiver(s) before you could be considered eligible.

With the knowledge and experience of an attorney licensed in the state of California on your side, you can avoid delay, legal complications, and headaches. At the Law Offices of Gomez & Douat, LLP, we will help you understand the legal process, which family members can be included in your case, the inherent specific risk of your case, and whatever alternative options for relief you have available. We will guide you through the entire process. Both attorneys, Rosa Gomez and Veronica Douat, speak fluent Spanish and have a combined experience of 8 years practicing law in California.


Here is some more helpful information directly from the California Department of State and the Attorney General’s Office. http://oag.ca.gov/consumers/general/immigration_consultants

And from USCIS/ Immigration directly: http://www.uscis.gov/avoid-scams

CA B&P Code § 6125

 §6125. No person shall practice law in California unless the person is an active member of the State Bar.

 §6126. (a) Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active member of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a sentence of less than 90 days for a second or subsequent conviction under this subdivision, the court shall state the reasons for its sentencing choice on the record.