For those whose DACA will expire soon – without the option of renewal or extension – it is important to consider that you may begin to accrue unlawful presence on the date of expiration.

Even though DACA does not qualify as a period of authorized stay, the government decided that foreign nationals would not accrue unlawful presence during their period of approved deferred action.

However, you will begin to accrue unlawful presence as soon as you do not have approved deferred action under DACA. And you might have already accrued time in unlawful presence if you entered the U.S. illegally (without being admitted or paroled) or entered the U.S. legally but stayed too long (overstayed your status).  In fact, this is likely since one of the requirements for DACA was that you not have lawful status on June 15, 2012.

What happens if you accrue unlawful presence? What are the consequences? The days counted toward unlawful presence are important because:

• if you accrue 180 days of unlawful presence and then leave the U.S. (for example because you have to do so to obtain a new immigrant or non-immigrant visa) than you may be barred from returning to the U.S. for 3 years;
• if you accrued 1 year of unlawful presence, then you may be barred from entering the U.S. for 10 years.

Also, gaps in your approved deferred action — for example in case the DACA didn’t renew in a timely matter – will count toward the accrual of unlawful presence.

It is important to know that if you entered the U.S. only one time as a child, unlawful presence generally does not begin to accrue until you turn 18.  But if you have entered the United States illegally more than once, then there may be serious consequences, even if the conduct occurred before you turned 18.

You may be able to apply for waivers of unlawful presence under certain circumstances but it is far better to avoid the need for waiver in the first place.

Stakes are so high that you should contact a lawyer to discuss possible alternatives to avoid accrual of unlawful presence.  If you have options beyond DACA, time may run out quickly.

UNLAWFUL PRESENCE ACCRUAL AFTER YOUR DACA EXPIRED COULD CAUSE BANN FROM U.S on Vimeo.

For more information on DACA, contact Craig Dobson

Crystal & Giannoni-Crystal, LLC is a “lawyers for lawyers and international matters” boutique law firm. The firm has offices in Charleston, SC, New York, NY, and Washington, DC. The firm is available to serve clients – in association when needed with local counsel – with transactions in Italy, Spain, Germany, France, Portugal, UK, Mainland China, Hong Kong, India, Indonesia, Australia, Latin America, Brazil, and Argentina. In the U.S., we are able to offer our full list of services in New York, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Westchester County, in the District of Columbia, in South Carolina, including Aiken County, Anderson County, Beaufort County, Berkeley County, Charleston County, Dorchester County, Florence County, Greenville County, Horry County, Richland County, Spartanburg County, Sumter County and York County, and the communities of Charleston, Myrtle Beach, Sumter, Florence, Columbia, Lexington, Aiken, Rock Hill, Greenville, Spartanburg, Anderson, and Hilton Head, in Georgia, including Savannah and the whole Chatham county.