Dreamers (DACA) Attorneys In Florida
What Is DACA?
If you entered the United States without legal status before turning 16, you may qualify for relief under Deferred Action for Childhood Arrivals (DACA)—depending on how current court rulings are resolved. A July 16, 2021 federal court decision placed limits on the program, but the final outcome is still pending in higher courts. While the situation remains uncertain, it's important to understand your options.
Under DACA, eligible individuals are protected from removal (deportation) for a renewable period and may apply for work authorization. DACA does not provide lawful permanent resident status or a path to a green card, but it does offer the ability to live, work, and study legally in the U.S. during the approved period.
At Caballero & Fernandez de Avila, P.A., we help individuals determine if they qualify for DACA or may be eligible for alternative immigration options. In fact, many individuals who initially apply for DACA discover that they may also qualify for more permanent forms of immigration relief. If you're unsure about your status—or if you're concerned about the future of DACA—it’s important to speak with a licensed immigration attorney who can carefully review your circumstances and help identify your options under current U.S. law.
Call Caballero & Fernandez de Avila, P.A. at 855-768-0997 to schedule a consultation with a lawyer today.
If the July 16 Ruling Is Struck Down, Do I Qualify for DACA Benefits?
In addition to arriving in the U.S. before your 16th birthday, individuals seeking Deferred Action for Childhood Arrivals (DACA) must meet several other criteria to qualify. These requirements are specific and must be fully met at the time of application.
To be eligible for DACA, you must have:
- Entered the U.S. on or before June 15, 2007
- Lived continuously in the U.S. since that date
- Been under the age of 31 as of June 15, 2012
- Had no lawful immigration status on that same date
- Be currently in school, have earned a high school diploma, a GED, a certificate of completion, or have been honorably discharged from the U.S. Armed Forces or Coast Guard
- Have no felony convictions, no significant misdemeanors, and no record of multiple minor offenses
- Not be considered a threat to public safety or national security
At Caballero & Fernandez de Avila, P.A., we help individuals determine not only if they meet these requirements, but also whether other immigration pathways might offer a more stable or permanent solution. Even as the future of DACA continues to evolve due to ongoing legal challenges, there may be alternative legal options available based on your background, family situation, or humanitarian factors. If you’re unsure about your eligibility or want to explore longer-term solutions, we invite you to schedule a consultation. Our legal team is here to help you understand your rights and make informed decisions about your future.
What Are the Alternatives?
Don’t lose hope because of legal uncertainty—there may be immigration benefits available to you beyond DACA. At Caballero & Fernandez de Avila, P.A., we work with individuals and families across Florida to explore additional pathways to more permanent immigration status.
For many DACA recipients, there are options that can lead to lawful permanent residence (a green card)—especially when family relationships or travel history are involved.
Here are a few scenarios that may apply:
- If you currently have DACA status and have obtained Advance Parole, you may be able to re-enter the U.S. lawfully. If you are later married to a U.S. citizen or have a U.S. citizen child over the age of 21, you could apply for a green card without leaving the country.
- If you originally entered the U.S. lawfully (even on a visa that later expired) and then married a U.S. citizen, you may be eligible to adjust your status to permanent residency without leaving the country.
- Even if you entered the U.S. without inspection, there are still possible paths forward. For example, if you are married to a U.S. citizen, you may be eligible for a provisional waiver. If approved, this allows you to travel abroad for your immigrant visa interview at a U.S. consulate and return with a green card—provided you meet the necessary qualifications.
With immigration policies constantly evolving, it’s important to understand how your current situation might connect to new opportunities. Whether you’re seeking stability, travel options, or a long-term solution, our legal team can help assess your eligibility and guide you through the next steps. Let Caballero & Fernandez de Avila, P.A. help you find the immigration solution that’s right for you.
Have Immigration Questions?
If you or a loved one needs help navigating the immigration process, call Caballero & Fernandez de Avila, P.A. 24/7 at 855-768-0997 to speak with a knowledgeable attorney.