Skilled Deportation Lawyer in Birmingham, Alabama
Many immigrants in the United States have been granted an extraordinary change in immigration status, thanks to the Secretary of Homeland Security and former President Barack Obama, who declared an immigration relief program for all those who approach United States territory as children and meet certain criteria. A deportation lawyer in Birmingham, AL is critical to the immigration procedure.
Petro Immigration Attorneys will assist the applicant and family throughout the whole procedure. We will educate the individual about his or her rights, alternatives, and practical solutions to the unique concerns. It is critical to enlist the legal assistance of our reliable deportation lawyer in Birmingham, AL from the beginning since we understand immigration law and can assist the client in attaining immigration status through our legal advice.
Why Do I Need a Deportation Lawyer in Birmingham, Alabama?
Obtaining legal status in the United States is crucial, having our professional immigration lawyer in Birmingham, AL on your side is essential, both for you and your family to receive professional and legal service.
Our law firm works hard and wins for immigrant families. We understand the intricacies of submitting immigration petitions and how to win your case. Even though you qualify for Deferred Action, it’s the paperwork that counts, and clients who work with our firm get it done right the first time.
Fighting for Your Rights
And if DHS makes a mistake in your case, you may be certain that we will be by your side fighting for you until USCIS gets it right. You are already preoccupied with taking care of your family, spending long hours at work, and studying to achieve high grades. You just don’t have time to be concerned about anything else.
With us handling your immigration case, you and your family may be certain that everything is in order. That involves obtaining your work permit, social security number, and driver’s license as soon as possible. Petro Immigration Attorneys will handle the paperwork and bureaucracy, allowing you to focus on what is important.
What is Deferred Action for Childhood Arrivals (DACA)?
The Department of Homeland Security announced on June 15, 2012, those undocumented immigrants could apply for deferred action (to avoid deportation for a period of two years), which would then be eligible for renewal of their immigration status, if they met certain physical presence, criminal record, and educational requirements.
As long as they continued to meet the criteria for deferred action, those people would be qualified for work authorization during that time and safe from immigration enforcement (deportation). Deferred Action for Childhood Arrivals, or DACA as it is more generally known, is the name of this program. Young people without documentation who were brought to the country as youngsters gain benefits through DACA.
Certain illegal immigrants who arrived in the United States before the age of 16 were eligible for two years of deferred deportation under the Deferred Action for Childhood Arrivals (DACA) program.
What Are the Benefits of DACA?
There are various advantages to being approved for Deferred Action for Childhood Arrivals (DACA). People are granted permission to live and work in the United States for two years, with the option to renew. They may be able to apply for a work permit using USCIS forms. A DACA recipient is regarded to be lawfully present in the United States and is allowed to apply for a social security number and, in most states, a driver’s license.
If you need to travel outside of the United States for a variety of reasons, including education, job, and others, you can apply for authorization using the USCIS form.
Who Are Eligible to Apply for DACA?
Under the original DACA program (which the Biden administration sought to restart in 2020), you may apply for deferred action provided you met the following criteria:
- You had not yet reached the age of 16 when you arrived to reside in the United States.
- You were physically present in the United States on June 15, 2012, as well as when you filed for deferred action.
- Having lived in the United States continuously (“resided”) from June 15, 2007, until you applied (excluding any brief, casual, and innocent departures).
- On June 15, 2012, they were under the age of 31 (that is, were born after June 15, 1981).
- Either entered the United States without scrutiny before June 15, 2012 or if you entered with inspection, your lawful immigration status (such as a visa or Temporary Protected Status) had expired as of June 15, 2012.
- Were either enrolled in school (unless absent for emergency reasons), had graduated or earned a certificate of completion from an accredited high school, had obtained a general education development (GED), or were an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
- Had not been convicted of a crime, serious misdemeanor, or three or more additional misdemeanors; and did not pose a threat to United States national security or public safety in any other way (such as by being a member of a gang).
However, beginning in July 2021, no new applications will be accepted. They may be allowed again later, after judicial appeals. When and if new DACA applications are permitted, applicants must verify each item on the above list.
Who Are Not Eligible to Apply for DACA?
DACA eligibility is contingent on satisfying all of the criteria outlined above. If, for example, you met all of the qualifications but were already 17 when you arrived to reside in the United States, you would not be eligible. The same is true if you have not resided in the United States “continuously” for the requisite duration but have spent a few years in the US, a few years in your native country, and so on. USCIS carefully examines whether the schools from which applicants claim to have graduated are recognized and accredited.
Criminal Grounds: A Serious Misdemeanor
The criminal grounds of ineligibility are particularly difficult for some applicants, particularly because the term “serious misdemeanor” does not have a long history in immigration law, and hence has not been frequently applied to specific fact patterns by USCIS or the courts.
Here’s what USCIS has to say about major misdemeanors: They include any crime including burglary, domestic violence, sexual abuse or exploitation, unauthorized possession or use of a weapon; driving under the influence of drugs or alcohol (DUI or DWI); or drug distribution or trafficking, regardless of the jail or other term imposed.
They also include any other offense for which the applicant received a jail term of more than 90 days, except suspended sentences, pre-trial imprisonment, or time held on an immigration detainer. Again, three or more offenses of any kind disqualify you from receiving deferred action.
Non-major Misdemeanor
A “non-major misdemeanor” is defined by USCIS as any misdemeanor punishable by imprisonment for more than five days but less than a year that is not on the USCIS list of serious misdemeanors.
What is the Application Process for DACA?
If you feel you qualify for deferred action based on childhood arrival or DACA and have never applied previously, the next step is to gather the necessary documentation and file an application. This entails submitting two government documents, as well as supporting documentation demonstrating your eligibility for deferred action, as well as payment.
Forms to Submit
A government agency called the United States Citizenship and Immigration Services will create the forms you’ll need to submit, which include:
- Form I-821-D (Consideration of Deferred Action for Childhood Arrivals)
- Form I-765 (Application for Employment Authorization) accompanied by a worksheet called Form I-765WS
Documents to Submit
It is critical to provide supporting documentation to demonstrate that you meet all of the eligibility criteria, including proof of identity, age, entry date in the United States, academic record, and continuous physical presence in the United States from June 15, 2007, until the date you applied, and presence in the United States on June 15, 2012. Examples of such evidence include:
- A copy of your birth certificate with an English translation
- A photocopy of your passport or other picture identification document
- A copy of your United States visa as well as Form I-94 (if you overstayed)
- Previous documentation from United States immigration officials, even if they revealed you were detained or ordered deported
- Travel receipts, such as plane tickets to the United States
- School records, such as diplomas and GED certificates, indicating dates of attendance and degrees obtained
- A copy of a United States driver’s license
- Affidavits or declarations signed by friends, teachers, employers, religious leaders, and others in positions of power
- Tax returns from the United States
- Bank, credit card, and other financial information from the United States
- Store, restaurant, and online purchasing receipts under your name or stating things were shipped to your address in the United States.
- Check-ins on Facebook or Tweets suggesting presence in the United States
- Medical and dental records demonstrating your attendance at doctors’ offices or hospitals in the United States
- Employment history in the United States
- Military records from the United States
Application Submission
You must submit your application via mail rather than in person or online. Addresses are available on the USCIS website. The specific one you’ll use depends on where you reside and whether you use the USPS or another carrier like FedEx, UPS, or DHL.
You can also apply for DACA if you are currently in deportation proceedings, although the procedures would be slightly different. Seek the assistance of our deportation lawyer in Birmingham, AL with this matter.
What Should I Expect After Sending My DACA Application?
The government has the legal authority to grant or refuse Deferred Action for Childhood Arrivals. Furthermore, if the individual engages in actions that no longer qualify them for DACA, the government has the authority to cancel the procedure.
It is critical to remember that DACA is not a path to lawful permanent residence or citizenship, nor does it provide benefits to DACA recipients’ family members.
What Are the Drawbacks of DACA?
DACA beneficiaries do not get regular visas, a Green Card, or the status of lawful permanent residence. This is because DACA was established by presidential authority, and Congress made no modifications to federal law. You also cannot become a citizen of the United States under DACA.
For such things to happen, immigration reform and some form of the Dream Act must become law, or the United States must grant DACA recipients amnesty.
What Are the Additional Benefits that DACA Provides?
The deferred action program for childhood arrivals provides outstanding benefits in the immigration status of thousands of teens who presently reside in the United States, as well as hundreds of persons who entered the territory when they were very young and committed their lives to the nation. Some of the benefits of this program are as follows:
- The avoidance of future deportation. Deferred action legislation precludes them from carrying it out if they are currently in deportation proceedings.
- Opportunity to work lawfully in the US. It permits those who are part of the deferred action program to work lawfully in the United States for two years.
- Renewal to obtain legal immigration support at all times. DACA is renewed every two years, ensuring that those with this status will always have legal immigration support within American territory.
- Social Security number and driver’s license. Young illegal immigrants can get a social security number and a driver’s license to drive lawfully in the United States.
Contact Our Skilled Deportation Lawyer in Birmingham, Alabama Today!
Although DACA offers several advantages, it is not a legal status. It can be revoked at any moment, and it does not provide a road to the United States citizenship. DACA recipients should speak with an expert immigration attorney to see whether they are eligible for another sort of immigration relief.
Many of these other choices do lead to United States citizenship, and because they were created by Congress, they cannot be simply modified or repealed by the future government, unlike DACA. Our skilled deportation lawyer in Birmingham, AL may be able to assist you in obtaining permanent residence or perhaps becoming an American citizen. Please contact us at Petro Immigration Attorneys right away and we’re ready to assist your immigration needs.