DACA

Notice: On October 5th, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy. The court affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court. On Oct. 14, 2022, the U.S. District Court for the Southern District of Texas issued an order extending its injunction and partial stay to the DACA Final Rule.

Notice: This ruling does not affect current grants of DACA for existing DACA recipients and related Employment Authorization Documents. Moreover, while the stay remains in place, USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization. USCIS will continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but not process initial DACA requests.

Deferred Action for Childhood Arrivals, known as DACA, is a program introduced by the U.S. government to provide temporary relief from deportation and offer work authorization to certain undocumented individuals who arrived in the U.S. as children. DACA aims to provide opportunities for young immigrants, often referred to as “Dreamers,” to pursue education, work, and contribute to their communities without fear of deportation.

Eligibility Criteria

To be eligible for DACA, individuals must meet the following criteria:

1. Age Requirement: You must have been under the age of 31 as of June 15, 2012.
2. Continuous Residence: You must have continuously resided in the United States since June 15, 2007, up to the present day.
3. Arrival Before Age 16: You must have been physically present in the United States on June 15, 2012, and at the time of making your DACA request. You should have arrived in the U.S. before turning 16.
4. Education or Military Service: You must be currently enrolled in school, have graduated from high school, obtained a GED certificate, or be an honorably discharged veteran of the U.S. Armed Forces or the Coast Guard.
5. Criminal Background: You should not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors. You must also not pose a threat to national security or public safety.

Application Process

The DACA application process involves several steps:

1. Form I-821D: Complete and submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals.
2. Form I-765: Include Form I-765, Application for Employment Authorization, to request work authorization along with your DACA application.
3. Form I-765 Worksheet: Also include Form I-765WS, which can be found on the USCIS Form I-765 page.
4. Supporting Documentation: Provide evidence to establish your eligibility, such as school records, medical records, and documents proving continuous residence.
5. Biometric Appointment: If required, attend a biometric appointment at a USCIS Application Support Center.

DACA Benefits

If your DACA application is approved, you may receive the following benefits:

1. Deferred Action: You will be granted temporary relief from deportation, which means that for the duration of your DACA status, you are protected from removal proceedings.
2. Work Authorization: Approved DACA recipients are eligible to apply for work authorization, allowing them to work legally in the United States.
3. Social Security Number: DACA recipients are eligible to apply for a Social Security number, enabling them to establish a legal presence for employment and other purposes.
4. Driver’s Licenses: In many states, DACA recipients are eligible to obtain a driver’s license.

Renewing DACA

It is crucial to submit a renewal application 120-150 days before the current DACA status expires to avoid an interruption or discontinuation of benefits.

You may submit a DACA renewal request online. To file Form I-821D and Form I-765 online, you must first create an USCIS online account. For additional information on filing a DACA renewal request online, go to Form I-821D. All online DACA renewal requests must include Form I-821D, Form I-765, Form I-765WS, and any accompanying fees.

Disclaimer: Immigration laws and policies can change, affecting the availability and requirements of the immigration processes mentioned above. Always seek legal advice or consult official U.S. government sources to understand the latest regulations and options available to individuals.