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When Are You NOT Eligible for DACA Deferred Action?

When Are You NOT Eligible for DACA Deferred Action?

When President Obama enacted deferred action for childhood arrivals, also known as DACA, in June 2012, it sparked hope in many young immigrants. This provides the chance for certain eligible immigrants to be protected from deportation and apply for a work permit.

Unfortunately, DACA is not an automatic pass for every young immigrant in the U.S. without legal status. According to the terms and conditions of this act, there are some immigrant individuals who should refrain from applying altogether, because this can pose serious risks for their future.

When Should You Not Apply for DACA?

If your circumstances are serious enough, applying for DACA could call for your future removal from the United States. The government takes such threats gravely and does not tolerate any misconduct on the DACA applications.

The following circumstances should deter you from applying for deferred action:

  • You committed fraud: Committing an act of fraud when entering the U.S. can include forfeiting official documents, such as a passport or birth certificate.
  • You committed serious immigration offenses: You may be disqualified from the DACA program if you have serious immigration violations on your record, but this is ultimately up to the USCIS.
  • You have a criminal record: A criminal record can include a felony, a serious misdemeanor, or multiple misdemeanors, such as those involving sexual abuse or violence.
  • You could be a public safety or national security threat: This is also up to the discretion of USCIS and could lead to your ineligibility.

Many immigrant youths are unsure if they qualify, as well as how to proceed if they do not. At Musa-Obregon Law PC, we are capable of handling all concerns related to DACA. A New York City immigration lawyer at our firm can provide personalized legal counsel to help you determine if you are eligible to apply. Don't hesitate to contact our office today!


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