Pitfalls for Improperly Prepared DACA

Posted on August 16, 2012 by VISANOW

After attending yesterday’s Deferred Action program at Navy Pier, it is difficult to argue with Senator Durbin when he says that it was a historic event for the City of Chicago and for the nation as a whole. Thousands of young undocumented immigrants and their families descended upon the Chicago landmark, and similar venues throughout the country, to learn about and begin their applications for DACA (Deferred Action for Childhood Arrivals).

For those unable to attend the program, or who were turned away and told to pursue online services due to the large crowds, we wish to provide answers to some of the most frequently asked questions.

• When shouldn’t a person apply for DACA?

Before applying for DACA, a candidate should check to make sure that they do not qualify for a superior immigration benefit. It is always better to know all of your possible options before spending the time and money needed to fill out an application.

Additionally, if the candidate has any sort of criminal record, it is wise to discuss the ramifications with an immigration attorney prior to applying. After application for DACA, a person’s records can be shared with Immigration and Customs Enforcement as well as Border Patrol. For this reason, if a person could possibly place themselves unknowingly into removal proceedings by simply applying.

• What could cause a problem with my application?

Mistakes on your application could cause longer wait times as well as possible denial of the application. Because an applicant is not protected until their application has been approved, it is very important that the application is not delayed due to errors.

If there are mistakes on an application, the USCIS will send a Request for Evidence to the applicant. These requests can be avoided by properly filling out the application. But, if a Request of Evidence is received, it is extremely important that it is responded to quickly and properly.

• Why would I use an attorney to help file my application for DACA?

Some are telling applicants not to go through attorneys to file their DACA application because the attorneys are not qualified to help. It is very important to understand why the use of a qualified, accredited attorney that specializes in immigration can be helpful when applying for DACA. There is no appeal process for denied DACA applications, so it is integral that they are filled out properly the first time. Also, if the applicant has any sort of criminal record, having an attorney to speak with about the process can better that applicant’s chances of being approved. Additionally, applicants should be made aware of what privileges and opportunities are open to them if they are approved, and what will happen if they are denied.

Still have some questions? View a full list of FAQs.

Don’t know if you or a loved one qualifies for DACA? Click here for a list of the requirements.

If there are any additional questions, feel free to call 855-60-DREAM (855-603-7326) for more information. This number is a toll-free.

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