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Albuquerque DACA Immigration Lawyer

A Lady Justice statue in front of an Albuquerque DACA Immigration Lawyer.

At John W. Lawit, LLC, our Albuquerque DACA immigration lawyers are here to help you overcome legal challenges, understand your rights, and stay protected under the law. Whether you’re applying for DACA for the first time, facing renewal delays, or dealing with complications such as prior immigration violations or criminal history, our team brings decades of experience and a deep commitment to immigrant communities.

Navigating life in the United States as a Dreamer comes with hope and uncertainty, especially when it comes to protecting your legal status. The Deferred Action for Childhood Arrivals (DACA) program provides temporary protection from deportation and access to work authorization, helping thousands of undocumented immigrants who arrived in the U.S. as children build secure and stable lives.

However, the application and renewal process can be legally complex, especially in a constantly evolving immigration landscape. To address this, we deliver tailored legal strategies backed by compassion, knowledge, and a proven track record in immigration law.

Understanding DACA Eligibility in Albuquerque: Who Qualifies and How It Works

What Is DACA?

The Deferred Action for Childhood Arrivals program was established in 2012 by the U.S. Department of Homeland Security to protect eligible undocumented immigrants who entered the country as children. DACA provides two key forms of relief: protection from deportation and a renewable two-year work permit.

While it does not provide a pathway to permanent residency or citizenship, DACA can be life-changing for recipients by giving them legal status to work, study, and live without fear of removal.

Who Qualifies for DACA?

To qualify for DACA in Albuquerque or anywhere in the U.S., applicants must meet the following criteria:

  • Arrived in the United States before their 16th birthday
  • Were under the age of 31 as of June 15, 2012
  • Have continuously resided in the U.S. since June 15, 2007
  • Were physically present in the U.S. on June 15, 2012, and at the time of applying
  • Entered the U.S. without inspection or had a lawful status that expired before June 15, 2012
  • Are currently in school, have graduated or obtained a GED, or are an honorably discharged veteran
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors
    Do not pose a threat to national security or public safety

Benefits of DACA

DACA recipients gain important protections that allow them to live more securely in the United States. These include:

  • Temporary protection from deportation
  • Authorization to work legally in the U.S.
  • Ability to apply for a Social Security number and, in some states, a driver’s license
  • Increased access to higher education and financial aid options in some jurisdictions

Meeting the basic requirements is only the beginning. Many applicants face complications related to incomplete records, prior immigration actions, or documentation gaps. Working with an experienced Albuquerque DACA immigration lawyer can ensure your application is complete, accurate, and prepared to withstand scrutiny by immigration authorities.

Our immigration lawyers in Albuquerque will help you determine eligibility, gather the necessary documents, and avoid common pitfalls that may delay or jeopardize your case.

How to Apply for DACA for the First Time in Albuquerque

Applying for DACA for the first time requires detailed preparation and strong evidence. You must show proof of your identity, date of U.S. entry, physical presence on June 15, 2012, continuous residence since June 15, 2007, and educational or military qualifications.

Accepted documents include school transcripts, financial records, birth certificates, passports, and other official paperwork. Even a minor error or missing detail could result in delays or denial.

Step-by-Step Overview of the DACA Application Process

  1. Determine eligibility based on current USCIS guidelines.
  2. Gather necessary documentation such as school records, medical records, utility bills, leases, and bank statements to prove physical presence and continuous residence.
  3. Complete and file USCIS Forms I-821D (Consideration of Deferred Action), I-765 (Application for Employment Authorization), and I-765WS (Worksheet).
  4. Pay the required USCIS filing fee, which is currently $495. This includes $410 for the employment authorization application and $85 for biometrics. This amount is subject to change, so it’s best to consult the official USCIS website or your attorney for the most up-to-date information.
  5. Organize your application packet to include all required forms, documentation, and fees.
  6. Submit your application package to the appropriate USCIS lockbox address based on your location.
  7. Attend the biometric appointment to provide fingerprints, a photograph, and your signature.
  8. Track your application through the USCIS portal to monitor for updates or additional requests.
  9. Respond to any Requests for Evidence (RFEs) issued by USCIS for missing or unclear documentation.
  10. Await USCIS decision, which may take several months. During this period, USCIS will review your case and verify your eligibility.

Common Mistakes and How a Lawyer Can Help

Many first-time applicants mistakenly assume the process is straightforward. Unfortunately, even small errors such as missing records or incomplete forms can result in rejection.

Others fail to meet strict eligibility requirements or do not include sufficient proof of presence and residence. A qualified Albuquerque DACA immigration lawyer can:

  • Identify potential issues before they affect your case
  • Assist with documentation and deadlines
  • Ensure your application is complete and accurate
  • Represent you in communication with USCIS if problems arise

By working with John W. Lawit, LLC, you gain a legal team that understands the nuances of DACA law and is committed to helping you achieve the protection you deserve.

How to Apply for DACA Renewal in Albuquerque

DACA recipients must renew their status every two years to maintain deportation protection and work authorization. USCIS recommends filing your renewal application between 120 and 150 days before your current DACA expires to avoid gaps in protection.

The renewal process requires:

  • Updated Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
  • Form I-765 (Application for Employment Authorization)
  • Form I-765WS (Worksheet)
  • A $495 filing fee
  • Documentation to confirm continued eligibility (such as updated education or employment records)

Although you don’t have to resubmit all the original evidence used in your initial application, you must still prove you’ve maintained eligibility, stayed in the U.S., and avoided disqualifying criminal activity or immigration violations.

Risks of Delayed or Denied Renewals

Failing to renew on time can result in the expiration of your DACA status, leading to a lapse in work authorization and renewed exposure to deportation proceedings. Additionally, even timely renewals may be denied if USCIS finds:

  • New criminal charges or convictions
  • Gaps in continuous residence
  • False or misleading information in your application

Delays in mail delivery, incomplete forms, or missing signatures can cause setbacks. Once your DACA status lapses, you may not be able to work legally, renew your driver’s license, or access certain benefits, making renewal a time-sensitive and critical legal matter.

Why Legal Assistance Is Critical for Renewals

Renewing DACA may seem simpler than the initial application, but evolving USCIS policies and increased scrutiny make legal guidance just as important. An experienced Albuquerque DACA renewal attorney can:

  • Ensure all renewal forms are current, complete, and correctly filed
  • Track deadlines and submission windows to avoid late renewals
  • Advise on any new developments in DACA policy that could affect your case
  • Help mitigate risks related to arrests, criminal history, or travel abroad
  • Respond to RFEs or Notices of Intent to Deny (NOIDs)

At John W. Lawit, LLC, we work proactively to ensure your DACA protections remain uninterrupted. Our team stays on top of legal updates and USCIS trends so you don’t have to. Let us help you stay protected and focused on your future.

How an Albuquerque DACA Immigration Attorney Assists With Complex Cases

Dealing With Past Immigration Violations

If you’ve had previous immigration issues, such as overstaying a visa, entering without inspection, or being subject to removal proceedings, your DACA application may face additional scrutiny. While DACA is available to certain undocumented individuals, prior immigration history can complicate the process.

An experienced Albuquerque DACA immigration attorney can help assess your background and prepare a strategy to strengthen your application.

Criminal Records and DACA Eligibility

Having a criminal record doesn’t automatically disqualify you from DACA, but certain offenses, like felonies, significant misdemeanors, or multiple non-significant misdemeanors, may make you ineligible. Each case is reviewed individually, and it’s important to provide context and documentation when possible.

A qualified immigration lawyer can help you understand which offenses may be excusable and whether any post-conviction relief options could help your case. For general guidance on disqualifying crimes, the Immigrant Legal Resource Center (ILRC) offers helpful summaries and legal references.

What If You’re No Longer Eligible for DACA?

If you’re now over the age limit for DACA, have a criminal record, or no longer meet eligibility requirements, you may still have other immigration options available. Depending on your circumstances, you might qualify for other forms of relief such as Special Immigrant Juvenile Status (SIJS), asylum, or family-based adjustment of status.

A knowledgeable immigration attorney can evaluate alternative pathways based on your history and goals. Even if DACA is no longer viable, you may still have opportunities to remain lawfully in the U.S.

Why Choose Our Albuquerque DACA Renewal Attorneys?

Decades of Experience in Immigration Law

At John W. Lawit, LLC, our firm has dedicated over 40 years to immigration law. Our attorneys bring decades of combined experience in helping immigrants navigate complex legal systems, including first-time DACA applications, renewals, and post-DACA options.

With deep knowledge of immigration policy and an unwavering commitment to client advocacy, we are well-equipped to handle even the most nuanced DACA cases.

Personalized Legal Guidance

We recognize that no two DACA cases are alike. Whether you’re renewing for the third time or applying after a gap in status, we assess your situation thoroughly and provide clear, actionable advice. Our lawyers offer customized legal strategies that reflect your goals, address potential risks, and minimize delays or denials.

Accessible and Compassionate Representation

Our firm understands the anxiety and uncertainty surrounding immigration matters. That’s why we prioritize clear communication and compassionate service.

From preparing documents to attending interviews, we walk with you at every step. Our bilingual staff ensures language is never a barrier in getting the help you deserve.

More Than Just DACA Support

In addition to DACA, we assist clients with a wide range of immigration matters, including:

  • Green cards through family or employment
  • Asylum and other humanitarian relief
  • Deportation and removal defense
  • Student and employment visas
  • Naturalization and citizenship

Having an attorney familiar with multiple immigration pathways ensures that if DACA is not a viable solution, other options can be explored quickly and effectively.

DACA in Albuquerque FAQ

Can I apply for DACA for the first time?

Currently, USCIS is not processing initial DACA requests due to court orders. However, you may still file, and it will be held. An Albuquerque DACA lawyer can help you explore this and other immigration options.

When should I renew my DACA?

Renew your DACA between 120–150 days before it expires to avoid gaps in protection. Timely filing with legal support helps reduce the risk of delays or denial.

What if my DACA renewal is denied?

Denials can lead to loss of protection and work authorization. A lawyer can review the denial and guide you on options like reapplying or pursuing other legal relief.

Does DACA provide a path to a green card?

DACA is not a direct path to permanent residency or citizenship, but some recipients may qualify for a green card through marriage, family, or humanitarian programs.

Can I travel with DACA?

Only with approved advance parole. You must apply and receive permission before traveling abroad. Traveling without it may result in losing DACA status.

Speak With Our Albuquerque DACA Immigration Lawyers Today

Timely and experienced legal guidance can make all the difference in protecting your future. At John W. Lawit, LLC, our Albuquerque DACA renewal lawyers are committed to helping you navigate the renewal process with precision and care.

We offer strategic support to help you avoid delays, respond to challenges, and remain in compliance with immigration laws.

If you’re looking for knowledgeable and compassionate guidance, our experienced Albuquerque immigration lawyers are here to help. Contact us today at (214) 609-2242 to schedule a consultation and take the next step toward securing your DACA status with trusted legal counsel.