IMPORTANT NOTICE: The DACA program is now back. New applications and renewal applications are accepted.
The Deferred Action for Childhood Arrivals (DACA) program is a new immigration policy that was signed on June 15, 2012. The program allows undocumented children who arrived illegally in the United States at a young age to remain in America.
A deferred action grant is considered temporary and those with DACA status are not on the path to permanent residency or U.S. citizenship. However, DACA status does allow holders to be lawfully in the United States and work legally. Those who are in removal proceedings or who have a voluntary departure order may still apply for DACA status. DACA application review typically takes four to six months.
In the first two years of the program, United States Citizenship and Immigration Services (USCIS) granted DACA status to over a half-million people.
Requirements
In order to be eligible to apply for DACA, you must meet the following criteria:
- You were under 16 years old when you came to the U.S.
- You were under 31 years old as of June 15, 2012
- You have continuously resided in the U.S. from June 15, 2007, to the present
- You entered the U.S. without inspection before June 15, 2012, or, if you had legal immigration status, it had expired as of June 15, 2012
- You were physically present in the U.S. on June 15, 2012 (you must also be physically present in the U.S. when you apply for DACA)
- You are currently in school, have graduated from high school, obtained your GED, or have been honorably discharged from the U.S. armed forces or Coast Guard
- You have not been convicted of a felony, a serious misdemeanor, or more than three misdemeanors
- You do not pose a threat to national security or public safety
You must be at least 15 years old to apply. However, you may apply if you are under 15 if you are in removal proceedings or have a final removal order or a voluntary departure order.
Requesting DACA for the First Time
The filing process for requesting DACA can be confusing, and involves a number of steps. The first step is to gather documents which you will have to submit to CIS. They will include proof of your identity, proof of your arrival date in the United States and that it was prior to your 16th birthday, proof of your current immigration status, proof that you were present in the U.S. as of June 15, 2012, proof of continuous residence in the U.S., and proof of student status or veteran status. The question of which particular documents are necessary in your case is something our attorneys will discuss with you when we meet.
You will also need to fill out two forms (I-821D and I-765), as well as a worksheet (I-765WS). If you submit a form that is not the current version, it will be rejected by CIS. Those forms must then be filed, along with the required fee. Under certain circumstances, there may be any exemption from paying the fee.
DACA Renewal
If you were already granted DACA, you will need to renew it prior to the expiration of the initial two-year period. It is suggested that you apply for the renewal between 4 and 5 months before the current term expires. If you do not file by that time, you increase your risk that the deferred action period will end prior to receiving a decision on your renewal request.
The application process for renewal requires new forms I-821D, I-765 and I-765 worksheet, to be completed and filed with CIS.
Benefits
Obtaining DACA status means that you can now:
- Legally reside in the United States.
- Legally work and receive employment benefits.
- Attain higher education.
- Open bank accounts and apply for credit cards.
- Get health insurance benefits.
- Get a drivers’ license (in most states).
- Participate in your community (volunteer, become politically active).