DACA (Deferred Action for Childhood Arrivals) was created in June of 2012 to allow certain undocumented immigrants who came as children the opportunity to stay and work in the United States without accruing unlawful presence. Currently, those who have DACA may submit renewal requests, but new applications may not be approved. A renewal request may be accepted up to a year after expiration, but after a year a new initial request must be submitted instead of a renewal. Since initial requests are not allowed to be approved, this means renewals beyond one-year after expiration cannot be processed.
While DACA does not offer a direct path to residency, applying for a travel permit may help towards residency. This is called DACA Advance Parole. Current DACA holders may apply for Advance Parole to leave the U.S. for a humanitarian reason (such as visiting a sick relative), education, work, or even for medical care. People with DACA cannot travel unless they also have Advance Parole. Not only does Advance Parole allow people to visit their family for the first time since their childhood without immigration consequences, additionally, upon their return, they can use that valid entry into the country as the basis for adjustment of status in the U.S. through a U.S. citizen spouse or U.S. citizen child age 21 or older. This avoids having to consular process outside of the U.S. Even if your child is still young, it is worth it to file for DACA Advance Parole because the opportunity to file for Advance Parole may not always be available if something happens to DACA.
If you have DACA and are accused of a crime, you should reach out to an immigration attorney and a criminal attorney as soon as possible. For DACA, individuals are ineligible if they have a felony conviction, a significant misdemeanor, or three or more misdemeanors. A significant misdemeanor for DACA can include an offense of driving under the influence (DUI), drug distribution or trafficking, burglary, domestic violence, sexual abuse or exploitation, unlawful possession or use of a firearm, and any offense for which the individual was sentenced to time in custody of more than 90 days. If someone with DACA is charged with a DUI, they should instead plead to a wet-reckless and if they are charged with certain drug offenses, they should instead plead to CA Penal Code § 372.5 which is similar to a wet reckless but for drug offenses. These are safer pleas for immigration.
Feel free to reach out to immigration attorney Nicole Mullikin at (805) 242-2030 at the Law Office of Nicole G. Mullikin in San Luis Obispo with questions or to hire her for your case. She is fluent in Spanish and English, honest with each case, can help people anywhere in the world, and offers payment plans. Speaking with an immigration attorney is confidential. This article does not constitute legal advice and does not create an attorney-client relationship. Each case is different and you should speak directly with an attorney.
