Daca

What is DACA?

The Deferred Action for Childhood Arrivals (DACA) is a policy introduced in 2012, under the Obama Administration, that allows certain people who came the United States as children administrative relief from deportation, otherwise referred to as deferred action. The DACA policy was established to protect immigrants who arrived, or were brought, to the United States when they were under the age of 16. Individuals who qualify for DACA may request deferred action for a period of two years. DACA can be renewed. Individuals who secure DACA are also eligible for work authorization. It is important to keep in mind that DACA does not provide a lawful status or a pathway to citizenship. It does, however, allow individuals to secure a social security number, driver’s license, and work permit, as well as preventing deportation during the validity period of the individual’s DACA status.

DACA laws Change Often

Please Note: DACA regulations have been subject to frequent changes in recent years and administrations. For instance, the Trump administration halted acceptance of first time DACA applications. Despite an attempt to reinstitute the program, a federal judge stopped DACA applications for the first time DACA applications in July 2021. Existing applicants were permitted to retain their status and renewals remain possible; however, first time applications are not being accepted. The current Biden administration has indicated it will work to reimplement the program. It is important to monitor developments associated with DACA and individuals who would like to apply should consult an experienced immigration attorney to discuss the current status of the program and to determine eligibility.

Who is eligible for DACA?

There are set eligibility requirements for both first time DACA applicants and for DACA renewals. Requirements for first time applicants are a bit more complex than for renewals. First time applicants must meet the following requirements to be eligible to apply:

• Applicants must have been born on or after June 16, 1981, meaning they must have been under the age of 31 as of June 15, 2021;
• Arrived in the U.S. before age 16;
• Continuously resided in the U.S. since June 15, 2007 to present;
• Physically present in the U.S. on June 15, 2012 and at the time of filing DACA application;
• Entered the U.S. without inspection, or immigration status expired as of June 15, 2012;
• Must be currently enrolled in school, graduated high school, received a GED, and/or honorably discharged from the military;
• No felony convictions, significant misdemeanor, or three or more other misdemeanor offenses and does not otherwise pose a national security risk; and
• Applicants must be at least 15 years old at the time of filing the DACA application, unless applying for DACA while in removal proceedings.

Individuals who are filing for DACA renewal must also meet eligibility requirements as follows:

• Renewal applicants must have met initial filing requirements;
• Have not departed the U.S. on or after August 15, 2012 or since initial DACA application, without advance parole;
• Continuous residence maintained in the U.S. since the submission of the most recent approved DACA request valid to present time.
• No felony convictions, significant misdemeanor, or three or more other misdemeanor offenses and does not otherwise pose a national security risk.

What is the DACA application process?

Individuals who meet the eligibility requirements for DACA must follow the established process to submit a complete application to U.S. Citizenship and Immigration Services (USCIS). The following steps must be completed to apply:

• Evidence/documents must be gathered that will be submitted as supporting documentation establishing the individual’s eligibility to apply for DACA. In most cases clear, legible copies of documents should be provided unless an original document is requested.
• All required forms and worksheets must be accurately completed.
• The completed application, along with requisite filing fees, must be mailed to the appropriate USCIS Lockbox.
• A receipt will be mailed after the application is accepted.
• OPTIONAL: Applicants can create a USCIS online account to track their case and receive updates on their application and associated processes. USCIS will send the applicant a USCIS Account Acceptance Notice in the mail which will include instructions on how to create the online account.
• Applicants will then receive a notice scheduling a biometric services appointment at the appropriate Application Support Center (ASC).
• Notification of DACA approval/denial will be made.
• Work authorization processing will begin for approved DACA recipients.

Note: It is important to pay close attention to all instructions and filing specifications at all times. Filings with incomplete forms and worksheets, or lack of proper evidence or fees, will not be accepted. Similarly, the biometrics appointment must be attended as specified or the DACA request can be denied.

DACA Forms and evidence

1. Completed Form I-821D, Consideration of Deferred Action for Childhood Arrivals along with Evidence as indicated below;
2. Completed Form I-765, Application for Employment Authorization along with Form I-765WS, Worksheet;
3. Evidence: Proof of Identity by submitting any of the following:
   1. Passport or national identity document
   2. Birth certificate with photo ID
   3. School/military ID with photo
   4. Any U.S. government immigration or other document that includes name and photo
4. Evidence: Proof of Arrival to the US by age 16 by submitting any of the following:
   1. Passport with admission stamp
   2. Form I-94/I-95/I-94W
   3. US school records
   4. Any Immigration and Naturalization Service or DHS document stating date of entry
   5. Travel, hospital, or medical records
   6. Employment records, bank transactions, tax receipts, insurance policies
   7. Official records from a religious entity
   8. Copies of money order receipts for money sent in or out of the country
   9. Birth certificates of any US born children
   10. Automobile license receipts or registration
   11. Deeds, mortgages, rental agreements
5. Evidence: Proof of Immigration Status by submitting any of the following:
   1. Form I-94/I-95/I-94W with authorized stay expiration date
   2. Final order of exclusion, deportation, or removal issued as of June 15, 2012
   3. Removal proceedings charging document
6. Evidence: Proof of Presence in the US on June 15, 2012 AND Proof of Continuous US residence since June 15, 2007 by submitting any of the following:
   1. Rent receipts, utility bills, deeds, mortgages, rental agreement contracts
   2. Employment records, School records
   3. Military records (Form DD-214 or NGB Form 22)
   4. Official records from a religious entity
   5. Copies of money order receipts for money sent in or out of the country
   6. Passport entries
   7. Birth certificates of any US born children
   8. Dated bank transactions
   9. Automobile license receipts or registration
   10. Tax receipts, insurance policies
7. Evidence: Proof of Student status at time of DACA request OR Proof of Honorable Military discharge by submitting any of the following:
   1. Official school records from institution of current attendance
   2. US high school diploma or certificate of completion
   3. US GED certificate
   4. Form DD-214, Certificate of Release or Discharge from Active Duty
   5. NGB Form 22, National Guard Report of Separation and Record of Service
   6. Military personnel records or military health records

How Do I Renew DACA?

DACA renewal applications require several forms but generally do not include the level of supporting evidence and documentation as the initial application. The following forms and documents should be included in a DACA renewal application:

• Completed Form I-821D, Consideration of Deferred Action for Childhood Arrivals along with Evidence as indicated below;
• Completed Form I-765, Application for Employment Authorization along with Form I-765WS, Worksheet;
• Provide new supporting evidence for any changes that apply or can impact the case since the original filing, such as removal proceeding changes or criminal history. (Original evidence from initial DACA filing does not need to be included.)

Applicants for DACA can find the application process and requirements to be complex. Applicants may find that they do not have the required documentation as stipulated in the application instructions or may find the required forms to be confusing. Given the complexity of the application process and the fact that each case can vary depending on an individual’s situation, applicants should retain an attorney with experience in DACA applications to help them navigate the process. Experienced attorneys will also be more familiar with current best practices and can help compile a solid application and case.

Application And Renewal timelines

Although timelines can vary and all such processes are subject to change depending on various government and immigration timelines, there are general timeframes observed with DACA applications. Following the initial application, a receipt is usually sent within 2 to 3 weeks. In 3 to 5 weeks after the initial filing, the Biometrics notice will be sent which will usually set the actual biometrics appointment for 2-3 weeks from that time. It will take approximately 4 to 8 months for USCIS to render a decision on the DACA application. Employment authorization cards for approved DACA applicants are generally received 7 to 10 months from the initial filing. It is also important to note that if USCIS request additional information and documentation, timeframes can be additionally extended.

DACA renewals can also take months for processing. Applicants should file their renewal between 150 and 120 days before expiration. Given the potential for backlogs and longer than normal processing times, applicants should avoid filing last minute renewals as this can jeopardize existing status related protections.