Skip to main content

DACA for DREAMers under deportation proceedings

Trevor asks, "I came to US with my parents when I was 8 years old, we applied for political asylum and we were given Social Security numbers and working permits. However we were denied asylum and in 2001 we were issued a deportation notice. We stayed and have been working with the valid SS#'s and also paying taxes. But my working permit is expired. I have a valid driver license also.  Do you think I will have any problem when I file because of my expired working permit? I'm basically trying to renew my working permit and get the deportation order removed."

Your case is very complex and I would say that you should not act without an attorney.  While I don't have all the facts of your case, it appears that if you are not yet 31, you maybe eligible.  By the way, the day you were issued a deportation order, your SS# and working permit both became invalid so whatever you did was not legal (it is a common misunderstanding that if you once receive a Social Security number that is valid for employment, it is valid for life -- the fact that it is valid only as long as you have a proper authorization from DHS).  The reason you have to consult with an attorney is that by applying for DACA, while you maybe able to get a work permit and deferral for two years, you will also get on the radar screen of the government that you did not obey the deportation order.  You will need to think about the risks of that.