By: Vianey Hurtado

Immigration Lawyer

Licensed in Arizona since: 2014

Phoenix DACA Immigration Attorney

The Deferred Action for Childhood Arrivals (DACA) program has had a powerful and positive impact on many individuals in Arizona and across the United States. This program provides temporary protection from deportation and work authorization to undocumented individuals who were brought to the U.S. as children. DACA recipients, also known as "Dreamers," have been given opportunities to attend college, access better job opportunities, and contribute significantly to the economy through the DACA program. More than just legal benefits, DACA has given these young people who have grown up in the U.S. a sense of belonging and home.
‍

If you need help in applying for the DACA program or renewing your work permit in Phoenix, AZ, you should contact an experienced immigration attorney. When you work with attorney Vianey K. Hurtado, she will help ensure that all application forms are correctly completed, guiding you toward achieving your immigration goals. With proven results, Vianey Hurtado brings professional experience and a personal understanding of the immigration experience, being an immigrants’ daughter herself. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.

Itzel L.

VIANEY HURTADO is an incredible lawyer. Since the beginning of my services her and her team made sure I felt well take care of. Her and her team was patient, efficient and compassionate with me.

Betty G.

Attorney Vianey K. Hurtado is a very honest, professional and patient immigration attorney who gives you confidence in the course of your case. She helped me a lot and very quickly for my residency.

Juan E.

If my family and I could give 100 stars I would. Vianey and all her staff were helpful from day one. Always treated us with great professionalism. Always honest and hard working. Will definitely be recommending her!!!

Lizbeth S.

My father had a very rough immigration case, Vianey did an amazing job. Thank you so much, very grateful for everything you did. My father is now a permanent resident thanks to you.

What Are The DACA Requirements?

To qualify for Deferred Action for Childhood Arrivals (DACA) and deferred action status, you must meet specific criteria as an undocumented individual:

Age of Arrival and Current Age Criteria (Some exceptions apply):

You must have been brought to the U.S. before turning 16 years old.
You should not have been older than 31 years old as of June 15, 2012.

Residency Requirements (Some exceptions apply):

You need to have been physically present in the U.S. on June 15, 2012.
You must have continuously resided in the U.S. since June 15, 2007, up to the time of filing your request for DACA.
Evidence is required to prove your continuous presence in the U.S. from June 15, 2007, onwards.

Immigration Status on June 15, 2012:

You must not have held a legal immigration status on June 15, 2012.

Educational Requirements:

You should be enrolled in school at the time of applying.
Alternatively, you must have graduated from high school, obtained a GED certificate, or be enrolled in a qualifying educational program.

Criminal Background Criteria:

You should not have been convicted of a felony, a significant misdemeanor, or three non-significant misdemeanor convictions.
You must not pose a threat to public safety or national security.

Definition of Significant Misdemeanor:

A significant misdemeanor is a crime punishable by a sentence of more than five days but less than one year.
This includes crimes like domestic violence, DUI (driving under the influence), drug trafficking or sales, burglary, or violent crimes.
Minor traffic offenses like civil speeding do not count as significant misdemeanors.
If you were found guilty of two misdemeanors from the same incident, it counts as one misdemeanor. However, having three non-significant misdemeanors means you cannot qualify for DACA.

It's important to carefully evaluate whether you meet these criteria if you're considering applying for DACA. In some instances, even with the presence of criminal history, we may be able to assist you in successfully obtaining DACA. This assessment is crucial as it determines your eligibility for the program, which offers protection from deportation and the ability to work legally in the United States.

How To Apply For DACA In Phoenix, AZ

Following a federal court decision on December 4, 2020, the United States Citizenship and Immigration Services (USCIS) started accepting new and renewal applications for DACA, including individuals who had not been part of the program. However, on September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA final rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court has extended a partial stay of the order for all DACA recipients who received their initial DACA status prior to July 16, 2021. This means that USCIS will continue to accept initial DACA requests, but in accordance with the District Court’s order, USCIS will not process initial DACA requests at this time.

For First-Time Applicants:

Complete Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization Document), and Form I-765WS (Worksheet).
Mail these forms with the necessary fees to USCIS.
Schedule and attend an appointment at a local USCIS Application Support Center for biometrics (like fingerprints).
You need to provide documents proving your identity, that you entered the U.S. before turning 16, and other required conditions that are mentioned above.

For Renewing DACA:

Submit the completed and signed Form I-821D, Form I-765, and Form I-765WS at least 120 days before your current DACA expires.
Ensure you haven't left the U.S., without proper travel documentation (Form I-131), since your last DACA approval.
You must have continuously lived in the U.S. since your last DACA approval.
You should not have convictions for three or more misdemeanors, a significant misdemeanor, or any felony. If you have been convicted of a criminal offense that is not disqualifying, provide certified court records for that offense and include evidence that you have satisfied all terms of sentencing.

In both cases, whether applying for the first time or renewing, careful attention to the details of these requirements is crucial. The completion of correct forms, timely submission, and adherence to the specified conditions are essential for the approval of your DACA request.

Why Clients Choose Vianey Hurtado

Experienced

Knowledgeable

Patient

Sympathetic

Affordable

Professional

Contact A DACA Immigration Attorney In Phoenix, AZ

The DACA program offers crucial protection and work rights for undocumented individuals who came to the U.S. as children. Handling DACA applications can be complicated, but an experienced immigration lawyer can significantly help. They ensure that forms are filled out correctly, necessary documents are gathered, and all application rules are followed, increasing the chances of approval. This is key in securing the legal right to stay and work in the U.S.
‍

If you need assistance with DACA applications or renewing work permits in Phoenix, AZ, please contact immigration attorney Vianey K. Hurtado. If you were convicted of a criminal offense, working with an experienced lawyer, such as Vianey K. Hurtado, can make the difference in the future grant of your DACA application. With knowledge in both immigration and criminal matters, Vianey understands what steps need to be taken in your criminal matter to increase the chances that your DACA application is granted.
‍

With a deep personal connection to immigration, being an immigrant's daughter, Vianey Hurtado is committed to reuniting families and advocating effectively for her clients. She ensures thorough and proper completion of application forms, aiming to help you achieve your immigration goals. Our law firm offers services in both English and Spanish and serves the communities of Phoenix and Yuma. Please contact us today to schedule a comprehensive evaluation of your case.