Deferred Action for Childhood Arrivals (DACA) is an immigration policy established by the United States government in 2012 under President Barack Obama’s administration. The policy aims to provide temporary relief from deportation and work authorization for eligible individuals who were brought to the United States as children without proper documentation. These individuals, often referred to as “Dreamers,” have grown up in the U.S., attended school, and become integral members of their communities.
DACA offers a measure of security and stability for these young people, enabling them to work legally, pursue higher education, and contribute to their communities without constant fear of deportation.
This comprehensive guide provides an overview of the DACA program, including eligibility criteria, the application process, benefits, and potential challenges.
Eligibility for DACA
To qualify for DACA, applicants must meet specific eligibility requirements set forth by the United States Citizenship and Immigration Services (USCIS). These requirements ensure that the program benefits those who arrived in the U.S. as children and have established strong ties to the country. The eligibility criteria for DACA include:
Age and Arrival
DACA applicants must have been under the age of 31 as of June 15, 2012, and have arrived in the United States before their 16th birthday. This criterion aims to target individuals who were brought to the U.S. as children and have spent a significant portion of their lives in the country.
Continuous Residence
DACA applicants must have continuously resided in the United States from June 15, 2007, until the present, without any significant absences. This requirement ensures that DACA beneficiaries have strong ties to the U.S. and have maintained a consistent presence in the country for at least five years before the program’s inception.
Presence on June 15, 2012
DACA applicants must have been physically present in the United States on June 15, 2012, and at the time of submitting the DACA application. This requirement demonstrates that the applicant was residing in the country when the program was established and continues to maintain their presence.
Immigration Status
DACA applicants must have had no lawful immigration status on June 15, 2012, which means they either entered the U.S. without inspection or their lawful status had expired by that date. DACA aims to provide relief to those individuals who lack a legal immigration status but have been contributing to the country and society.
Education or Military Service
DACA applicants must either be currently enrolled in school, have graduated from high school, obtained a General Educational Development (GED) certificate, or be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard. This requirement demonstrates that the applicant is engaged in productive activities and is committed to contributing to the United States.
Criminal Background
DACA applicants must not pose a threat to national security or public safety and must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors. This criterion ensures that DACA recipients have a clean criminal record and do not pose any danger to the community.
Age at Application
While there is no upper age limit for DACA applicants, they must be at least 15 years old when applying unless they are in removal proceedings or have a final removal or voluntary departure order. This age requirement is in place to ensure that applicants are mature enough to understand the implications of their application and can take responsibility for their actions.
It is essential to note that meeting these eligibility criteria does not guarantee approval for DACA; USCIS has the discretion to evaluate each application on a case-by-case basis.
Costs Associated with DACA
Applying for and renewing DACA comes with certain costs that applicants should be aware of before starting the process. Here are the main expenses involved:
- USCIS Filing Fees: The primary cost associated with DACA is the filing fee for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet. As of March 2023, the combined filing fee is $495, which includes $410 for the I-765 and $85 for biometrics services. These fees are subject to change, so it is essential to check the USCIS website for the most up-to-date fee information.
- Legal Representation: If you choose to hire an immigration attorney to assist with your DACA application or renewal, you will need to factor in their fees. Legal fees can vary widely depending on the attorney’s experience, location, and the complexity of your case. Some nonprofit organizations and legal aid providers may offer free or low-cost legal services to eligible individuals.
- Additional Expenses: There may be additional expenses related to gathering supporting documentation for your application, such as obtaining certified copies of records or translations of documents. You might also need to pay for postage or courier fees to submit your application package to USCIS.
Applicants experiencing financial hardship may explore the possibility of fee waivers or reduced fees for certain expenses; however, USCIS does not currently offer fee waivers for DACA applications. It is crucial to plan for these costs and be prepared to cover them when applying for or renewing DACA.
DACA Application Process
The DACA application process involves several steps to ensure that applicants meet the eligibility criteria and provide the necessary documentation to support their claims. Here is a step-by-step guide to applying for DACA:
Step 1. Gather Supporting Documents
Before starting the application process, applicants should collect supporting documents that demonstrate their eligibility for DACA. These may include school records, medical records, employment records, tax records, military records, and any other documents that prove continuous residence, physical presence, and other eligibility requirements.
Step 2. Complete the Required Forms
To apply for DACA, applicants must complete the following forms:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals: This form is specifically for DACA applicants and covers eligibility criteria and personal information.
- Form I-765, Application for Employment Authorization: This form is required to request an Employment Authorization Document (EAD), which allows DACA recipients to work legally in the U.S.
- Form I-765WS, Worksheet: This worksheet helps determine the applicant’s economic need for employment authorization.
Step 3. Pay the Filing Fees
As of March 2023, the filing fees for a DACA application are $495, which includes a $410 fee for the I-765 application and an $85 fee for biometrics services. Applicants should ensure they submit the correct fee amount to avoid delays or rejection of their application.
Step 4. Submit the Application Package
Once the forms are completed, and the necessary supporting documents gathered, applicants should compile their application package and mail it to the appropriate USCIS filing location. It is essential to ensure that all required documents are included and that the forms are filled out accurately to prevent delays or denial of the application.
Step 5. Attend the Biometrics Appointment
After submitting the application, USCIS will schedule a biometrics appointment for the applicant to provide fingerprints, photographs, and signatures. This information is used to conduct background checks and verify the applicant’s identity.
Step 6. Respond to Requests for Evidence (RFEs)
In some cases, USCIS may request additional evidence or documentation to support the applicant’s eligibility for DACA. Applicants should respond to these requests promptly and provide the requested information to avoid delays in the application process.
Step 7. Receive the Decision
Once USCIS has reviewed the application and supporting documents, they will issue a decision. If the application is approved, the applicant will receive a Notice of Action and an Employment Authorization Document (EAD). If the application is denied, USCIS will notify the applicant and provide information on any potential avenues for appeal or reconsideration.
It is crucial to remember that the DACA application process can be complex, and applicants should carefully review the eligibility criteria, instructions, and required documentation to maximize their chances of approval. Consulting with an immigration lawyer or a qualified legal representative can also be beneficial in navigating the DACA application process.
DACA Renewal Process
DACA recipients must renew their status every two years to maintain their deferred action and work authorization. The DACA renewal process is similar to the initial application process, but there are some differences. Here is a step-by-step guide to renewing DACA:
Step 1. Determine the Renewal Timeline
DACA recipients should submit their renewal application approximately 120 to 150 days before their current DACA status and Employment Authorization Document (EAD) expire. USCIS recommends not submitting the renewal application more than 150 days before the expiration date to avoid potential processing delays.
Step 2. Gather Supporting Documents
For DACA renewals, applicants typically do not need to submit the same extensive documentation as the initial application. However, they may need to provide updated documents or additional evidence if there have been significant changes in their circumstances or if they have new information relevant to their eligibility.
Step 3. Complete the Required Forms
DACA renewal applicants must complete the following forms:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals: This form should be filled out with updated information since the initial application or last renewal.
- Form I-765, Application for Employment Authorization: Applicants need to request a new Employment Authorization Document (EAD) as part of the renewal process.
- Form I-765WS, Worksheet: This worksheet is used to determine the applicant’s economic need for employment authorization.
Step 4. Pay the Filing Fees
The filing fees for a DACA renewal are the same as the initial application: $495, which includes a $410 fee for the I-765 application and an $85 fee for biometrics services. Applicants must submit the correct fee amount with their renewal application.
Step 5. Submit the Renewal Application Package
Compile the completed forms and any required supporting documents, then mail the DACA renewal application package to the appropriate USCIS filing location. Make sure to review the forms for accuracy and completeness to prevent delays or denial of the renewal application.
Step 6. Attend the Biometrics Appointment (if required)
USCIS may require some DACA renewal applicants to attend a biometrics appointment, although it is not always necessary. If required, the applicant will receive a notice to provide fingerprints, photographs, and signatures for background checks and identity verification.
Step 7. Receive the Decision
USCIS will review the DACA renewal application and issue a decision. If the renewal is approved, the applicant will receive a new Notice of Action and Employment Authorization Document (EAD). If the renewal is denied, USCIS will notify the applicant and provide information on any potential avenues for appeal or reconsideration.
It is essential for DACA recipients to stay on top of their renewal timeline and submit their renewal application well in advance of their current DACA status and EAD expiration. Consulting with an immigration attorney or a qualified legal representative can help ensure a smooth renewal process and continued DACA benefits.
Timeline for DACA Application and Renewal Process
The processing time for DACA applications and renewals can vary depending on several factors, such as the USCIS workload, the completeness of your application, and any additional requests for evidence. Here is a general overview of the timeline for DACA applications and renewals:
- Preparing the Application: Before submitting your DACA application or renewal, you will need to gather all necessary documentation to prove your eligibility. This process can take several weeks or even months, depending on the availability of documents and any additional research required.
- USCIS Processing Time: Once you have submitted your application, USCIS will review your case. The processing time for DACA applications and renewals can range from a few months to over a year. As of September 2021, the average processing time for DACA applications is approximately 4 to 6 months, but this can vary depending on the service center handling your case. Keep in mind that processing times can change and may be longer due to factors such as increased workload or staff shortages.
- Biometrics Appointment: After submitting your application, you will receive a notice to attend a biometrics appointment, where your fingerprints, photograph, and signature will be collected. This appointment typically takes place within a few weeks after submitting your application, but scheduling can vary depending on the availability of appointments at your local USCIS Application Support Center.
- Decision Notification: Once USCIS has completed processing your application, they will issue a decision on your DACA request. If your application is approved, you will receive a notification and an Employment Authorization Document (EAD) with a validity period of two years. If your application is denied, you will receive a notice detailing the reasons for the denial. There is no option to appeal a DACA denial, but you may be able to submit a new application if you can address the issues raised in the denial notice.
Given the uncertainty in processing times, it is essential to submit your DACA application or renewal well in advance of the expiration date of your current DACA status to avoid any lapse in work authorization or deferred action protection.
Benefits of DACA
DACA offers numerous benefits to its recipients, providing temporary relief from deportation and allowing them to work, study, and build their lives in the United States. Here are some key benefits that DACA recipients enjoy:
Deferred Action from Deportation
DACA provides recipients with temporary protection from deportation, allowing them to remain in the United States for the duration of their DACA status. This protection is renewable every two years, as long as the recipient continues to meet the eligibility criteria.
Employment Authorization
DACA recipients are eligible to receive an Employment Authorization Document (EAD), which allows them to work legally in the United States. With an EAD, recipients can seek employment in various fields and industries, helping them to support themselves and their families financially.
Access to Social Security Number (SSN)
Upon receiving an EAD, DACA recipients can apply for a Social Security Number (SSN). An SSN is essential for many aspects of life in the United States, including opening bank accounts, applying for credit, and filing income tax returns.
Driver’s License Eligibility
In most states, DACA recipients are eligible to apply for a driver’s license. Having a driver’s license can significantly improve a recipient’s quality of life by providing access to employment opportunities, education, and essential services that may not be accessible through public transportation.
Educational Opportunities
While DACA does not provide recipients with federal financial aid for education, many states and institutions offer in-state tuition rates and financial assistance programs for DACA recipients. These opportunities can help recipients pursue higher education and improve their career prospects.
Ability to Travel Internationally (with restrictions)
Under certain circumstances, DACA recipients can apply for advance parole, which allows them to travel internationally and return to the United States. Advance parole is generally granted for humanitarian, educational, or employment-related reasons, and applicants must receive approval from USCIS before traveling.
It’s important to note that DACA does not provide recipients with a path to U.S. Green Card or citizenship. However, the benefits it offers can significantly improve the lives of recipients, allowing them to work, study, and contribute to their communities in the United States.
Challenges and Potential Risks
While DACA offers valuable benefits to recipients, there are also challenges and potential risks associated with the program. Some of the most notable include:
Uncertain Future of DACA
DACA has faced several legal challenges and shifts in policy since its inception. This has led to uncertainty about the program’s future and potential changes that could impact recipients. While the program is currently active, there is always a risk that it could be altered or terminated, leaving recipients in a vulnerable position.
No Path to Green Card or Citizenship
DACA does not provide recipients with a direct path to permanent residency or U.S. citizenship. This means that recipients must explore other avenues, such as family-based or employment-based immigration, to adjust their status and obtain permanent residency or citizenship.
Limited Travel Opportunities
Although DACA recipients can apply for advance parole to travel internationally, it is granted on a case-by-case basis and can be difficult to obtain. Additionally, recipients who travel without advance parole risk losing their DACA status and being denied reentry to the United States.
Access to Public Benefits
DACA recipients are not eligible for federal public benefits, such as food stamps, Medicaid, or federal financial aid for education. This can make it challenging for recipients to access essential services and resources, particularly in times of need.
Disclosure of Personal Information
Applying for DACA requires the disclosure of personal information, such as addresses, family members, and immigration history. While this information is generally protected, there is a risk that it could be shared with immigration enforcement agencies in certain circumstances, potentially putting recipients and their families at risk.
Renewal Deadlines and Fees
DACA recipients must renew their status every two years, which can be time-consuming and costly. Missing a renewal deadline can lead to the loss of DACA status and its associated benefits, making it crucial for recipients to stay on top of the renewal process.
Employment Limitations
While DACA recipients can work legally in the United States, some employers may be hesitant to hire them due to misconceptions about their immigration status or concerns about the program’s future. This can make it challenging for recipients to find stable employment and advance in their careers.
How an Immigration Attorney Can Help
Navigating the DACA application and renewal process can be complex and overwhelming, particularly given the program’s uncertain future and potential risks. Working with an experienced DACA attorney can provide valuable support and guidance in several ways:
Assessing Eligibility
An immigration attorney can help determine if you meet the eligibility requirements for DACA, ensuring that your application is complete and accurate. They can also help identify any potential issues or complications that could arise during the application process.
Assistance with Application and Renewal Process
An immigration attorney can guide you through the DACA application and renewal process, providing assistance with gathering required documentation, completing necessary forms, and submitting your application in a timely manner.
Legal Representation
In the event of any complications or issues arising during the application or renewal process, an immigration attorney can provide legal representation, advocating on your behalf and working to resolve any challenges.
Exploring Alternatives
An immigration attorney can help identify alternative pathways to legal status, such as family-based or employment-based immigration, which could offer a more permanent solution for DACA recipients seeking to adjust their status.
Staying Informed
Immigration attorneys stay up-to-date on the latest developments in immigration law, including any changes or updates to the DACA program. They can provide valuable information and guidance on how these changes may impact your case.
Peace of Mind
Working with an immigration attorney can provide you with peace of mind, knowing that you have an experienced professional advocating for you and guiding you through the complex immigration process.
Do you need assistance with your DACA application or renewal? Our experienced DACA attorney at Glenn Immigration are here to help you every step of the way. We understand the importance of protecting your future in the United States, and our team is dedicated to providing you with the expert guidance you need. Don’t wait any longer – contact Glenn Immigration today and let us help you achieve the peace of mind you deserve!
DACA FAQs
DACA applicants and recipients often have numerous questions and concerns about the program and its processes. In this section, we address some of the most frequently asked questions related to DACA:
Can I apply for DACA if I have a criminal record?
A criminal record may impact your DACA eligibility, depending on the nature of the convictions and other factors. USCIS will conduct a thorough background check, and certain criminal convictions can result in the denial of your application. It is crucial to consult with an immigration attorney to assess your eligibility and navigate any potential issues related to your criminal record.
How long does the DACA application process take?
The processing time for DACA applications varies and can take several months. It is essential to submit your application as soon as possible and ensure that all required documentation is included to avoid delays.
How often do I need to renew my DACA status?
DACA recipients must renew their status every two years. It is recommended to submit your renewal application at least 150 days before your current DACA status expires to avoid any lapse in your protection from deportation and work authorization.
Can I travel outside the United States with DACA?
DACA recipients were previously eligible for advance parole, which allowed them to travel abroad for specific purposes such as education, employment, or humanitarian reasons. However, as of September 5, 2017, USCIS is no longer accepting applications for advance parole from DACA recipients. It is essential to consult with an immigration attorney before considering any international travel plans.
Can I adjust my status to become a lawful permanent resident (Green Card holder) through DACA?
DACA does not provide a direct path to permanent residency or citizenship. However, some DACA recipients may be eligible for other immigration pathways, such as family-based or employment-based immigration. Consult with an immigration attorney to explore your options.
What happens if my DACA application is denied?
If your DACA application is denied, you will not receive the program’s benefits, such as protection from deportation or work authorization. In some cases, USCIS may provide a reason for the denial, which can help you address the issue and potentially reapply. It is essential to consult with an immigration attorney to discuss your options and determine the best course of action.
Can I work legally in the United States with DACA?
Yes, DACA recipients are granted employment authorization, allowing them to work legally in the United States. Upon approval of your DACA application, you will receive an Employment Authorization Document (EAD), which you can present to potential employers as proof of your eligibility to work.
Can DACA recipients attend college or university in the United States?
Yes, DACA recipients can attend college or university in the United States. While DACA does not grant federal financial aid, some states and educational institutions offer in-state tuition rates and financial assistance to DACA recipients. It is essential to research the policies of the specific state and institution you are interested in attending.
Can I enlist in the U.S. military with DACA?
DACA recipients are not currently eligible to enlist in the U.S. military. However, some exceptions may apply, such as the Military Accessions Vital to the National Interest (MAVNI) program, which allows certain non-citizens with specific skills to join the military. Consult with an immigration attorney to explore any potential options for military enlistment.
Can my family members also benefit from my DACA status?
DACA does not provide direct benefits, such as protection from deportation or work authorization, to family members of recipients. However, having a family member with DACA status may provide some indirect benefits, such as increased stability and access to resources. Additionally, family members may be eligible for other immigration pathways independent of the DACA recipient’s status.
How can I prove my continuous residence in the United States for DACA eligibility?
To demonstrate continuous residence in the United States for DACA eligibility, you may need to provide various documents such as school records, medical records, employment records, or utility bills. An immigration attorney can help you gather and organize the necessary documentation to support your DACA application.
If I am granted DACA, am I protected from future changes to the program?
While DACA provides temporary protection from deportation and work authorization, it is essential to remember that the program is subject to change due to legal challenges or changes in government policy. It is crucial to stay informed about the latest developments and consult with an immigration attorney to ensure you are prepared for any potential changes to the program.
What is the duration of DACA and how often do I need to renew it?
DACA is granted for a period of two years and must be renewed before the expiration of your current DACA grant to maintain your status and benefits. It is advisable to begin the renewal process about 120-150 days before your current DACA expiration date to ensure timely processing.
Can my DACA status be terminated or revoked?
Yes, your DACA status can be terminated or revoked if you no longer meet the program’s requirements or if you are found to have engaged in fraud or criminal activity. It is essential to maintain compliance with all DACA eligibility criteria and consult with an immigration attorney if you have concerns about your status.
How can I check the status of my DACA application or renewal?
You can check the status of your DACA application or renewal online using the USCIS Case Status Online tool. To do so, you will need your receipt number, which can be found on the receipt notice you received from USCIS after submitting your application.
What should I do if my DACA Employment Authorization Document (EAD) is lost, stolen, or damaged?
If your EAD is lost, stolen, or damaged, you should file Form I-765, Application for Employment Authorization, along with the required supporting documents and fees, to request a replacement EAD.
Can I change jobs or employers while on DACA?
Yes, DACA recipients are allowed to change jobs or employers without any restrictions. As long as you maintain your valid Employment Authorization Document (EAD), you are free to seek new employment opportunities. However, it is important to remember that your work authorization is tied to your DACA status, and any changes to the DACA program may impact your ability to work legally in the United States.
Will my family members be at risk of deportation if I apply for DACA?
Applying for DACA does not directly place your family members at risk of deportation. However, it is always wise to consult with an immigration attorney to discuss your specific situation and any potential risks to your family.
If I am denied DACA, can I appeal the decision?
There is no formal appeal process for DACA denials. However, if you believe that your application was denied due to an error, you can submit a request for reconsideration to USCIS. It is essential to work with an immigration attorney to address any issues with your initial application and assist with the reconsideration process.
What is the difference between DACA and the DREAM Act?
DACA is an executive action implemented by the Obama administration, which grants temporary protection from deportation and work authorization to eligible individuals. The DREAM Act is proposed legislation that, if passed, would provide a pathway to citizenship for certain undocumented individuals who were brought to the United States as children. While the DREAM Act has not been enacted into law, DACA remains a temporary solution for eligible individuals.
Can I apply for DACA if I am in removal proceedings or have a final order of removal?
Yes, you may still be eligible to apply for DACA if you are in removal proceedings or have a final order of removal, as long as you meet the other DACA eligibility criteria. It is essential to consult with an immigration attorney to discuss your specific situation and navigate the application process in the context of your removal proceedings or final order of removal.
Can my DACA be terminated before it expires?
USCIS has the authority to terminate DACA if they find that an individual no longer meets the eligibility criteria, such as committing a crime or engaging in fraudulent activity. It is essential to maintain eligibility for DACA and consult with an immigration attorney if you encounter any issues that may impact your DACA status.
Can I apply for DACA if I have been deported and am currently outside the United States?
Individuals who have been deported and are currently outside the United States are generally not eligible to apply for DACA. However, it is crucial to consult with an immigration attorney to discuss your specific situation and explore any potential options for returning to the United States or obtaining other forms of immigration relief.
If DACA is rescinded, what will happen to current DACA recipients?
The future of DACA is uncertain, and it is unclear what would happen to current DACA recipients if the program were to be rescinded. It is essential to consult with an immigration attorney to stay informed about any changes to the DACA program and explore other potential immigration options if needed.
Can I change my immigration status from DACA to another category, such as a family-based or employment-based visa?
While DACA provides temporary protection from deportation and work authorization, it does not grant legal immigration status or a pathway to a Green Card or citizenship. However, some DACA recipients may be eligible for other forms of immigration relief, such as family-based or employment-based visas, depending on their specific circumstances. It is essential to consult with an immigration attorney to explore potential options for changing your immigration status.