Las Vegas DACA Immigration Lawyer

Undocumented immigrants who came to the United States as children face daunting challenges, including the inability to seek employment and potential deportation from the country they’ve grown to consider home. Over the years, the federal government has instituted programs to defer deportation and removal of low-risk undocumented immigrants. One of these is the Deferred Action for Childhood Arrivals (DACA) policy. If you have questions about DACA, contact De Castroverde Law Group Criminal & Immigration for a case evaluation with our DACA immigration lawyers in Las Vegas, NV, to discuss your legal options.

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What is DACA?

The White House established DACA in 2012. Under this new immigration policy, eligible undocumented immigrants who came to the U.S. as children and who met specific requirements could request consideration of deferred action on their undocumented status for up to two years, with the potential for renewal terms.

DACA allows deferred action on any efforts to deport individuals granted consideration under the policy. Such individuals may also obtain work permits authorizing them to lawfully obtain work in the U.S. Those approved for entry into the DACA program can request renewal of their status if they demonstrate good behavior.

DACA applicants must meet several criteria, although doing so does not guarantee approval into the program. These criteria include:

• Having an unlawful presence in the U.S. after entering the country before their 16th birthday
• Living continuously in the U.S. since June 15, 2007
• Having a date of birth on or after June 16, 1981
• Being physically present in the U.S. on June 15, 2012, and the filing date of their application
• Having no lawful immigration status on June 15, 2012, and when filing their application
• Being in school, obtaining a high school diploma, certificate of completion, or GED certification, or having an honorable discharge from the U.S. Armed Forces or Coast Guard
• Having no felony conviction, specific misdemeanor convictions, or three or more misdemeanors of any variety
• Not posing a threat to public safety or national security

How Do I Request Consideration for DACA?

In 2023, a federal court in Texas declared administrative rules issued by the Biden Administration unlawful and expanded a prior injunction barring the operation of the DACA program. However, the court also imposed a partial stay of the injunction order, allowing DACA recipients who received their status before the initial injunction date to maintain that status and apply for renewals.

The case challenging the DACA program remains under litigation in the federal courts. While the injunction remains in effect, the Department of Homeland Security will accept applications for initial consideration of DACA but will not process those requests. 

The DACA Application Process

To apply for DACA, an applicant must gather documentation and evidence to prove their eligibility under program guidelines, including:

• Proof of identity, such as a birth certificate with photo ID, school or military photo ID, U.S. immigration document with name and photo, or passport/national identity document from the applicant’s country of origin
• Proof of entry into the U.S. before the applicant’s 16th birthday, including a passport with admission stamp, Form I-94/I-95/I-94W, U.S. school records, INS or DHS documents stating the date of entry, travel records, hospital and medical records, employment records, bank records, or official records of religious ceremonies
• Proof of immigration status, which can take the form of a Form I-94/I-95/I-94W with an authorized stay expiration date, a final order of exclusion/removal/deportation, or a charging document for removal proceedings
• Proof of presence in the U.S., including utility bills, rent receipts/lease agreements, employment/school/military records, passport entries, birth certificates of children born in the U.S., bank records, or affidavits (for applicants who arrived in the U.S before age eight)
• Proof of student or veteran status

Applicants must complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and Form I-765, Application for Employment Authorization. They can submit applications online or by mailing them to the appropriate USCIS lockbox. They can also submit applications through their attorney or accredited representative. Once USCIS receives the application, it will schedule the applicant’s biometric services appointment.

How Can an Immigration Lawyer Help You Seek Entry to the DACA Program?

If you’ve considered applying for DACA, the DACA immigration lawyers at De Castroverde Law Group Criminal & Immigration can help you by:

• Reviewing your case to determine your eligibility for the program
• Explaining the benefits, limitations, and requirements of the DACA program
• Helping you gather the required supporting documentation for your application
• Assisting you with completing and submitting your application to USCIS
• Communicating with agency officials on your behalf about the status of your application and vigorously pursuing approval

Why Choose the Legal Team at De Castroverde Law Group Criminal & Immigration?

Living without documented status can become a stressful, challenging experience for immigrants, who have limited options for employment and face the constant threat of deportation. Talking to an experienced immigration attorney may give individuals and families options for securing their chance at building a life in the U.S.

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For over two decades, Las Vegas-area clients have chosen the attorneys at De Castroverde Law Group Criminal & Immigration to help explore legal options like DACA because:

• Our firm founder, Waldo De Castroverde, a native of Cuba, was one of Nevada’s first Spanish-speaking attorneys. Today, our firm of nearly 20 attorneys and 100 professional staff proudly offers bilingual legal services in Spanish and English. 
• We pride ourselves on offering dependable, aggressive legal representation. We leave no stone unturned to pursue the best results for our clients while giving them the personalized attention they deserve.
• Our firm has extensive experience in immigration law, assisting clients with matters ranging from DACA applications, consular processing and immigrant visas, requests for parole and asylum, and appeals to the Board of Immigration Appeals and federal court. 

Contact Our DACA Immigration Lawyers Today

If you came to the U.S. as an undocumented immigrant during your childhood and wish to formally pursue your right to live and work in the country, talk to an experienced immigration attorney today about your legal rights and options. Contact De Castroverde Law Group Criminal & Immigration today for a confidential consultation. We look forward to discussing how we might help you pursue deferral of removal, work authorization, or lawful status in the U.S.