DACA in Austin
The Complete Guide to DACA
If you’re like many people interested in becoming United States citizens, naturalization is the way to go – but where do you start? For some, the best path toward U.S. citizenship begins in an immigration attorney’s office. Working with an Austin immigration attorney is one way to ensure that you have someone to explain the process to you, fill out and file your forms, and help you do everything necessary to prepare for citizenship.
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Real Client Wins: Employment Immigration Success Stories
Green Card
Securing a Green Card Despite Unemployment
We helped a DACA recipient in a same-sex marriage obtain permanent residency. Even though the U.S. citizen spouse was unemployed, we successfully used the applicant's income to meet financial requirements and get the Green Card approved.
J-1 Waiver
Overcoming the Two-Year Residency Requirement
Our client needed to waive their home residency requirement to stay in the U.S. with their spouse. We secured a waiver based on persecution, allowing them to file for and receive their Green Card without leaving the country.
H-1B Visa
Securing an H-1B Visa for a Non-Profit Role
A non-profit organization needed to hire a specialized foreign worker without going through the H-1B lottery. We successfully filed a cap-exempt petition based on their university partnership, allowing the worker to start immediately.
Nanthaveth & Associates Advantage: Why We Win Cases Others Can't
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Austin isn’t just Texas’s capital — it’s a launchpad for opportunity. From thriving tech firms and global corporations to cutting-edge research institutions and fast-growing startups, this city attracts innovators from around the world. But navigating U.S. immigration law isn’t simple. Every visa category comes with strict rules, changing policies, and unforgiving deadlines. That’s where our experience makes the difference.
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Table of Contents
What is DACA?
The U.S. Government’s Deferred Action for Childhood Arrivals program, commonly called DACA, is a federal program that helps people who arrived in the U.S. as children.
If you came to the United States as a child and are currently undocumented, you may be eligible to apply for delayed removal action and work authorization under DACA – and eventually, your DACA status may lead to U.S. citizenship.
The Deferred Action for Childhood Arrivals program, or DACA, is a U.S. immigration policy that protects just under 800,000 people who entered the United States as undocumented immigrants when they were children.
The program doesn’t provide an official “legal” status, but it does allow people to get work authorization, apply for a driver’s license and receive a Social Security number.
DACA History
The DACA program was established by President Barack Obama in 2012. The following presidential administration attempted to dismantle the program several times, beginning in 2017, but those efforts failed. The U.S. Supreme Court eventually upheld the DACA program and prevented the administration from destroying it completely. Now, under President Joe Biden, the DACA program is back to its pre-2017 status. People can apply for and renew DACA status.
Who is Eligible for DACA?
Around 1.8 million people are eligible for DACA, but only around 800,000 are using the program. However, new applications are currently being accepted. Your eligibility for the program depends on whether you’re applying for the first time or you’re applying for renewal.
Applying for DACA for the First Time
DACA is currently on appeal and has been remanded to the 5th circuit. No new DACA's can be filed right now...only those with DACA's can renew.
Who is Eligible to Request DACA for the First Time?
You may be able to request DACA if you have never previously been protected under the program and if you:
- Came to the United States before you turned 16
- Were under the age of 31 on June 15, 2012
- Have continuously resided in the United States since June 15, 2007 and up until today
- Were physically present in the U.S. on June 15, 2012 and at the time you make your request for enrollment in the DACA program
- Had no lawful immigration status on June 15, 2012 (meaning you were not in the U.S. on a visa or as a conditional permanent resident at that time)
- Are currently in school or you have graduated or obtained a certificate of completion from high school, or you’ve obtained a high school equivalency certificate, or you’re an honorably discharged veteran of the U.S. Coast Guard or a branch of the U.S. Armed Forces
- Do not pose a threat to national security or public safety
- Have never been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors
The law says that you must be over the age of 15 to request DACA protections, with one exception: If you are currently in removal proceedings, your age doesn’t matter – as long as you were under 31 by June 15, 2012.
Supporting Documentation to Apply for DACA for the First Time
If you’re applying for DACA for the first time, you’ll need supporting documentation. You can provide this documentation to your attorney, who can file your paperwork for you. You may be asked to provide things like:
- Birth certificate
- Birth certificates for your children who were born in the United States
- Charging documents that place you into removal proceedings
- Dated bank transactions
- Deeds, mortgages or rental agreements
- Employment records (such as pay stubs or W-2 forms)
- Hospital or medical records
- Insurance policies
- Official records from a religious ceremony that confirm your participation in it (such as a baptism)
- Passport or national identity document from your country of origin
- Proof of your immigration status
- Proof of your presence in the United States on June 15, 2012 (such as receipts, military orders or records, employment records or other documentation
- Proof of your student status at the time you request DACA, such as official transcripts, diplomas or certificates of completion
- Proof that you are an honorably discharged veteran of the U.S. Coast Guard or Armed Forces
- Proof that you have continuously resided in the United States since June 15, 2007
- School or military ID
- School records from U.S. schools you have attended
- Tax receipts
- Travel records
The reason many people work with an attorney for first-time DACA applications is that the forms are subject to change – and U.S. Citizenship and Immigration Services will reject your petition outright if you use an outdated or incorrect form. Your lawyer can fill out and file the entire request for you, as well as monitor your application’s process for you. Even better, your attorney will keep you updated and answer your questions as they arise.
Special Circumstances: Are You Eligible for DACA if You’ve Been Convicted of a Crime?
Some people who have criminal histories are ineligible for DACA. If you’ve been convicted of a crime in the past, you may want to talk to an attorney about your next steps. Some misdemeanors may not have any effect on your petition – but if you’ve been involved in the U.S. legal system, USCIS may scrutinize your application.
Some convictions bar you from deferred action. For example, if you have been convicted of a felony, you cannot use DACA. Likewise, “significant misdemeanors” can affect your petition – and so can a series of three non-significant misdemeanors.
Significant misdemeanors are crimes involving:
- Domestic violence
- Sexual abuse
- Sexual exploitation
- Unlawful possession of a firearm
- Unlawful use of a firearm
- Drug distribution
- Drug trafficking
- Burglary
- Driving under the influence of alcohol or drugs
What Are Discretionary Reasons?
USCIS can deny your application for DACA for a “discretionary reason.” That means if the USCIS official overseeing your case feels that you’re a threat to public safety or you’re a threat to national security, USCIS can deny your application. Involvement in gangs, participation in criminal activities and a wide range of other circumstances can result in a denial.
How to Renew Your DACA Status
You can renew your DACA status. Many people choose to work with an attorney for renewal because the forms can be complex – and they’re always subject to change. If you want to renew your DACA status, you’ll need the following forms:
You’ll also need copies of your supporting evidence, a cover letter, and a money order made out to the U.S. Department of Homeland security to pay your filing fee.
How Long Can You Wait to Renew Your DACA Status?
You should submit your renewal application at least 5 months (150 days) before your current DACA and employment authorization expire. USCIS will accept your petition as long as your current status isn’t expired – but earlier is better. If you miss the deadline, your DACA status may lapse – and if that happens, you are considered unlawfully present in the United States.
Do You Need to Talk to a Lawyer About Your DACA Status?
Call our office today for a consultation. We’ll be happy to answer your questions, walk you through the process, and help you start moving forward with your initial DACA application or renewal.
Are you in need of help from an Immigration Attorney?
Don't hesitate to contact Nanthaveth & Associates. We have helped many people in the same situation as you. Contact us today for a consultation.
Are you in need of help from an Immigration Attorney?
Don't hesitate to contact Nanthaveth & Associates. We have helped many people in the same situation as you. Contact us today for a consultation.
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Areas We Proudly Serve
Our Austin-based team proudly supports employers and professionals across Texas and nationwide — immigration law is federal, so our experience crosses borders.
We serve areas including:
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Our Office
11211 Taylor Draper Lane Suite 107 Austin, TX 78759
Tel: (512) 371-9000
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Frequently Asked Questions
What is a green card, and who can get one?
A green card is a card issued by U.S. Citizenship and Immigration Services, or USCIS, that proves a person is a lawful permanent resident of the United States. A green card authorizes the person named on it to live and work anywhere in the U.S. Only people who are eligible for admission into the United States and have followed the appropriate channels can apply for lawful permanent residency.
What is USCIS?
USCIS is short for U.S. Citizenship and Immigration Services, which is part of the U.S. Department of Homeland Security. It’s the government agency that oversees immigration into the United States. It approves and denies green cards, work permits, travel permits and naturalization, as well as some other types of immigration benefits.
Are most green card applications approved?
Most green card applications are approved, but as many as 18 percent of them have been denied in recent years. If you receive an unfavorable immigration decision, such as the denial of a green card, you may be able to appeal your case or file a motion to have it reopened or reconsidered.
What is a lawful permanent resident, or LPR?
A lawful permanent resident is a person who legally resides in the United States without citizenship. LPRs are foreign nationals who are authorized to work or live anywhere in the U.S. or its territories, and who can sponsor some relatives to bring them to the United States. Lawful permanent residents can eventually apply for U.S. citizenship if they wish, but they do not have to do so.
What is a visa?
A visa is an authorization from the United States government that allows a person to enter the U.S. legally. Visas are only valid for a specific amount of time, and every visa’s expiration timeframe is different. You can get an immigrant visa, which means you intend to immigrate to the U.S., or a nonimmigrant visa that indicates you’re only staying temporarily.
What is the Visa Bulletin?
The Visa Bulletin is a document issued by the U.S. Department of State each month. It shows which green card applications can begin to move forward based on when they were originally filed. Only a certain number of green card applications can be issued in certain categories every year, which makes the Visa Bulletin necessary.
What are biometrics when it comes to immigration?
Biometrics are measurements of your identifying features. During a biometric screening for immigration purposes, a government official captures your fingerprints, takes your photo and gets a copy of your signature.
Will I have to attend an immigration interview?
Many people must attend an immigration interview to obtain a visa or green card. If you do have to attend an interview, your attorney will let you know. You should receive a notice in the mail that advises you on where to go and when to show up for your interview.
What is the citizenship test?
In order to become a naturalized citizen of the United States, you must take and pass the citizenship test. The official administering the test will ask you 20 of 128 possible civics-related questions, and you must answer at least 12 of them correctly. You will also be evaluated on your ability to speak, read and write in English. If you don’t pass the test, you can be retested on the portion of the test you failed (English or civics) between 60 and 90 days from your initial interview.
What is the Public Charge Rule?
The Public Charge Rule is a ruling from the U.S. Department of Homeland Security that requires immigrants to be unlikely to become dependent on social services and public programs (such as financial aid from the government).
Do You Need to Talk to a Lawyer About Citizenship and Naturalization?
If you’re considering becoming a U.S. citizen through naturalization, we may be able to help you. Call us or contact us online to schedule your consultation today.
