DACA Program Overview

The Deferred Action for Childhood Arrivals (DACA) program is a significant immigration policy that affects many young individuals in the United States. It provides temporary protection from deportation and allows eligible individuals to work legally. In this guide, we will explore everything you need to know about DACA, including its history, eligibility requirements, application process, and current legal status.

What is DACA?

DACA was introduced by President Barack Obama in June 2012 as an executive action to protect certain undocumented immigrants who came to the United States as children. This program allows eligible individuals to receive deferred action, meaning they cannot be deported for a specified period, typically two years, and can apply for work permits.

History of DACA

The DACA program was created in response to the challenges faced by many young immigrants who were brought to the U.S. as children and had grown up in American society. These individuals, often referred to as "Dreamers," faced the risk of deportation despite having lived most of their lives in the U.S. Since its inception, DACA has allowed hundreds of thousands of young immigrants to pursue education and employment opportunities.

Eligibility Requirements

To qualify for DACA, applicants must meet the following criteria:

  1. Age: Must have been under the age of 31 on June 15, 2012.
  2. Arrival: Must have come to the U.S. before turning 16 years old.
  3. Continuous Residence: Must have continuously resided in the U.S. since June 15, 2007.
  4. Education: Must be currently enrolled in school, have graduated from high school, obtained a GED, or served in the military.
  5. Criminal Record: Must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors. Applicants must also not pose a threat to national security or public safety.

How to Apply/Renew DACA

Step-by-Step Application Process

  1. Gather Documents: Collect documents that prove your identity, age, and residency in the U.S. This may include:
  1. Complete Form I-821D: This is the official form for requesting DACA. You can download it from the U.S. Citizenship and Immigration Services (USCIS) website.
  1. Pay the Application Fee: The fee for filing Form I-821D is currently $495. This fee covers both the DACA application and the work permit application. Fee waivers may be available for those who qualify.
  1. Submit Your Application: Mail your completed Form I-821D, along with the required documents and fee, to the appropriate USCIS address. Make sure to keep a copy of everything you send.
  1. Receive a Decision: After processing, you will receive a notice from USCIS. Processing times can vary, but it typically takes anywhere from a few months to a year.

Renewing DACA

To renew your DACA status, you must submit Form I-821D again, along with any documents that support your eligibility. You can apply for renewal up to 150 days before your current DACA status expires.

Work Permits Under DACA

Individuals granted DACA are eligible to apply for a work permit, known as an Employment Authorization Document (EAD). This allows them to work legally in the U.S. and is typically valid for the same time period as their DACA status (usually two years). To apply for the EAD, you must complete Form I-765, Application for Employment Authorization, and submit it along with your DACA application.

Travel with Advance Parole

DACA recipients may travel outside the U.S. under certain circumstances by applying for Advance Parole. This allows them to re-enter the country legally after travel. However, getting Advance Parole is not guaranteed and should only be pursued for specific reasons, such as educational purposes, employment, or humanitarian reasons.

To apply for Advance Parole, complete Form I-131, Application for Travel Document, and include it with your DACA application or renewal. It’s crucial to understand that traveling without Advance Parole can result in losing DACA status.

As of now, DACA is facing several legal challenges, and its future remains uncertain. While it is still in effect, the program has been the subject of numerous court cases, and changes could occur. It's essential to stay informed about any changes to DACA and consult with an immigration attorney if you have specific questions or concerns.

Limitations of DACA

While DACA provides important protections, it is crucial to understand its limitations:

What to Do if DACA is Rescinded

If DACA is rescinded, there are a few steps to consider:

  1. Stay Informed: Keep updated on any changes to DACA through reliable sources, such as the USCIS website.
  2. Consult an Immigration Attorney: If DACA is rescinded, an attorney can help you explore other immigration options or legal remedies.
  3. Consider Alternative Legal Options: There may be other pathways to residency or relief from deportation, such as family-sponsored immigration or asylum.

Key Takeaways

DACA is a complex and evolving program, but understanding its components can help you navigate your options and make informed decisions about your future in the United States.