DACA Lawyer in Clermont, Florida
If you need help with a DACA renewal or have questions about an issue that may affect your request, Sonya Peterkin, Esq., Founder and Managing Attorney of The Law Office of S.A. Peterkin, PLLC, assists individuals in Clermont, Florida, and surrounding Central Florida communities with DACA-related immigration matters.
Understanding Deferred Action for Childhood Arrivals (DACA)
IMMIGRATION LAW
Citizenship
/Naturalization
Deferred Action for Childhood Arrivals, commonly known as DACA, allows certain individuals who came to the United States as children to request deferred action for a limited period. Individuals granted DACA may also request employment authorization if they meet the applicable requirements.
Deferred action is an exercise of prosecutorial discretion that can defer removal action against an individual for a specified period.
However, DACA does not provide lawful immigration status, permanent residence, or U.S. citizenship. It is a temporary form of deferred action, and a person’s broader immigration situation must be considered separately
How Sonya Peterkin, Esq. Can Help With DACA Matters
DACA filings can involve previous immigration history, supporting documents, employment authorization, and legal issues that should be considered before information is submitted to USCIS.
Attorney Peterkin may assist with:
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Reviewing DACA eligibility and immigration history
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Preparing qualifying DACA renewal requests
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Reviewing previous DACA filings and supporting documents
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Preparing required forms and documentation
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Evaluating new arrests, criminal matters, or immigration developments that may affect a filing
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Addressing questions related to DACA employment authorization
The goal is to help clients understand the filing requirements and identify issues that may need closer legal review before moving forward.
DACA Eligibility Guidelines
DACA guidelines include requirements involving age, arrival in the United States, continuous residence, physical presence, immigration status, education or military service, and criminal history.
Among other requirements, a person generally must have:
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Been under age 31 as of June 15, 2012
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Come to the United States before reaching age 16
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Continuously resided in the United States since June 15, 2007, subject to applicable requirements
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Been physically present in the United States on June 15, 2012, and when requesting DACA
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Lacked lawful immigration status on June 15, 2012
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Met applicable education, graduation, GED, or qualifying military-service requirements
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Met applicable criminal and public-safety guidelines
Meeting individual requirements does not necessarily establish eligibility. Immigration history, criminal history, and prior DACA filings can affect how a person’s situation should be evaluated.
DACA Renewal Assistance
USCIS continues to accept and process qualifying DACA renewal requests and accompanying employment authorization applications.
Preparing for a renewal may involve reviewing:
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Your current DACA expiration date
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Previous DACA applications and approvals
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Changes since your last filing
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Immigration history
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Arrests, charges, convictions, or other legal issues
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Required forms and supporting documentation
USCIS generally encourages DACA recipients to submit renewal requests between 120 and 150 days before the expiration date shown on their current approval notice. Filing within this period can help reduce the risk that DACA and related employment authorization will expire before USCIS reaches a decision.
What If Your DACA Has Already Expired?
The amount of time that has passed since DACA expired can affect how USCIS treats a later filing.
Under current filing instructions, someone whose previous DACA expired less than one year ago and was not terminated generally follows renewal instructions. If more than one year has passed since expiration, or if DACA was terminated, different filing instructions apply.
Because the current treatment of initial requests can affect these situations, individuals with expired DACA may want to review their circumstances before filing.
Have questions about an upcoming or expired DACA renewal?
Initial DACA Requests and the Current Legal Situation
USCIS currently accepts initial DACA requests but is not processing those requests at this time.
This is different from the treatment of qualifying renewal requests. Someone who has never received DACA should not assume that submitting an initial request will result in USCIS processing or granting DACA under the current rules.
Because DACA continues to be affected by litigation and government action, individuals considering an initial request should review current USCIS guidance before deciding how to proceed.
When Legal Guidance May Be Helpful
Certain circumstances can make a DACA filing more complicated or create questions that deserve closer review.
Consider speaking with an immigration attorney if:
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Your DACA has already expired
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You have been arrested, charged, or convicted since your previous approval
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You have received immigration notices or correspondence you do not understand
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Your immigration circumstances have changed
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You have questions about prior immigration filings or history
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You are unsure whether information from your previous request remains accurate
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You are concerned that a legal or immigration issue could affect your renewal
Reviewing these issues before filing can help you better understand how they may affect your DACA matter.
What to Expect When Seeking DACA Assistance
Every situation is different, but the process generally begins with understanding why you are seeking help and what has changed since any previous DACA filing.
1. Discuss Your Situation
You explain your DACA history, current concerns, and reason for seeking legal assistance.
2. Review the Relevant Issues
Attorney Peterkin reviews the circumstances that may affect the DACA matter and identifies questions that should be addressed.
3. Prepare the Filing, When Appropriate
For qualifying renewal matters, the necessary forms and supporting information can be prepared based on your circumstances.
4. Understand What Comes Next
Attorney Peterkin explains the expected next steps and any additional immigration considerations that may be relevant.
DACA and Other Immigration Options
Some DACA recipients may have separate immigration options based on their family relationships, immigration history, manner of entry, or other circumstances.
Depending on the individual situation, this may involve questions about family-based immigration, Green Card eligibility, or waivers of inadmissibility.
These options are separate from DACA and have their own eligibility requirements. Reviewing the broader immigration picture can help determine whether another pathway should be explored through the firm’s immigration law services
Why Work With Sonya Peterkin, Esq. for DACA Guidance?
DACA matters can involve personal history, prior immigration filings, employment authorization, and legal issues that require careful review.
Sonya Peterkin, Esq. works directly with individuals and families to help them understand immigration requirements, evaluate concerns that may affect a filing, and prepare for important immigration decisions.
As Founder and Managing Attorney of The Law Office of S.A. Peterkin, PLLC, she serves clients from the firm’s office in Clermont, Florida, as well as surrounding Central Florida communities.