Everything you should know about DACA (Updated 2021)
What is DACA?
Deferred Action for Childhood Arrivals (DACA) is a policy that permits certain people who meet the requirement to get deferred action. Individuals with granted DACA eligibility to renew their DACA grant are also eligible for work authorization.
The secretary of Homeland Security declared that individuals who took residence in the United States when they were children should meet the criteria for requesting deferred action.
This article will provide you in-depth details for the DACA program, its application process, and all other related information.
Is DACA still available?
The DACA program remains in place and people can continue to renew. Please speak with an immigration legal service provider about renewing your DACA if it will expire in 2020. Unfortunately, those who have never had DACA still cannot apply to the program.
How to Apply for DACA?
1. Eligibility Criteria to apply for DACA
The following guideline will explain to you the eligibility criteria to apply for DACA for the first time. What are the DACA requirements?
Individuals must meet the following criteria to apply for DACA:
Are under 31 years of age as of June 15, 2012;
Came to the U.S. while under the age of 16;
Have continuously resided in the U.S. from June 15, 2007, to the present. …
Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
You are eligible to apply for DACA under the following conditions:
- You must be at least 15 years of age at the time of applying. In case of being under removal proceedings, you can seek DACA under the age of 15.
- You should have a residence in the United States from June 15, 2007, till the present when applying.
- You were physically present in the United States on June 15, 2007, while considering deferred action with USCIS.
- You did not have any lawful status on June 15, 2012
- You didn’t have any legal immigration status on or before June 15, 2012
- The legal immigration that you had before June 15, 2012, had expired.
- You are currently in school or have completed graduation from high school or acquired a general education certificate (GED), or you have had an honorable discharge from the Coast Guard or Armed Forces of the United States.
- You must not have been convicted of an offense, misconduct and should not pose a threat to national security or public safety.
2.Forms and Evidence-based Documentation
You have to submit all applications for deferred action directly to USCIS on Form 1-82ID. Even if you are in removal proceedings or have got an order for removal, the application will go to USCIS. If your application gets denied, you can alert your detention officer that you want to apply.
You must submit the following forms to apply for DACA, or else the application will return to you:
- The first form you must submit is Form 1-821D, which considers Deferred Action for Childhood Arrivals.
- The second form you must submit is Form 1-765 that is the Application for Employment Authorization Document.
- The third form you need to submit is Form 1-765 WS-EAD, an economically needed supplement form.
- Furthermore, as an applicant, you need to submit documentary evidence to ensure that you meet all of the criteria to qualify for deferred action. The requirements include the following details:
- Entry Date
- Continuous Presence Prove
- Educational Documentation and others
You need to submit substantial evidence for proving your physical presence requirements. You need to submit one proof every month.
3.Obtain Legal Advice
It is favorable for you to consult an immigration attorney or a Department of Justice accredited representative before you decide to apply. You can get professional legal advice from them about the benefits and risks of applying for DACA. When can DACA recipients apply for citizenship in 2021?Requirements for DACA Recipients to Receive Green Cards Physically present in the United States on or before January 1, 2021.
4.Collect your Application Documents
You must review USCIS instructions for collecting your pre-application documentation to avoid any inconvenience.
Let’s go through the details for the pre-application documents. Do not send original documents since you won’t get them back.
- You need two passport-size photographs for the Employment Authorization Application, along with your name and date of birth written on the backside.
- You need a copy of your foreign passport biographic page and any prior visa you have & 1-94 cards if you have.
- You will submit a copy of the original birth certificate and translation or unexpired passport.
- You need to submit a copy of every criminal or/and court case on record (if it is applicable).
- Arrest/incident/police report
- Criminal complaint. Charging document from the district attorney or any other prosecutor
- Criminal court record that serves as the final ruling from the judge of your case after the settlement
- Post-conviction record as proof for completion of probation
- You need to submit a copy of your school record like:
- Your enrollment proof
- Report cards or/and Transcripts
- Awards for high school
- School Identification Card
- Copy of high school diploma or GED certificate(if applicable)
- Age proof of entry before age 16, proof of continuous residence in the U.S since June 15, 2007, and your presence on June 15, 2012
5.DACA Application Fees
The complete fee is $495. As the USCIS withdrawal time is uncertain, it recommends money orders and cashier’s checks. They accept personal checks as well. It would help if you were confident that the statement is payable to the U.S Department of Home and Security.
6.The Correct Application Forms from USCIS
USCIS has the right to reject applications with outdated forms, so you need to ensure to use the current application. The documents included in their version are
- Form I-821D
- Form I-765
- Form I-765
- Form I-765
A cover letter is essential because a USCIS agent reviews your application to overview the application package.
8.Wait for DACA Approval Notification
After fulfilling all the above requirements, keep tracking the status of your application, or you can attend a biometric appointment.
However, the application processing can take several months. After being notified of your DACA approval, you will get a valid work authorization card for 2 years.
Can I get USCIS DACA renewal?
DACA is not permanent; it is temporary, and you will renew it every two years.
Will DACA lead to residency?
The DACA program does not allow lawful permanent residence. Being a DACA recipient, if you marry a U.S citizen or a permanent resident, you may be eligible to get a marriage green card.
What was the DACA decision today?
Texas federal judge Andrew Hanen on Friday deemed illegal the Deferred Action for Childhood Arrivals (Daca) program. This program prevents the deportation of immigrants who were brought to the US unlawfully as children, known as “Dreamers”
Can DACA get a green card?
Yes, DACA recipients are eligible for marriage green cards. As long as you’re married to a U.S. citizen or a lawful permanent resident (green card holder), you can apply for a green card as a DACA recipient. May 5, 2021
We hope the above information and guidelines are helpful for requesting DACA for the first time. For further information, you can call the USCIS Contact. You can find representatives from Monday to Friday from 8 am to 8 pm as per Eastern Time.