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Deferred Action for Childhood Arrivals, commonly referred to as DACA, is a U.S. immigration program that offers temporary protection from deportation for people who came to the country as children. Eligible undocumented immigrants must apply in order to granted the status. It is important to avoid making any mistakes when applying for DACA, as even small errors or omissions can lead to delays or denials to your application. An experienced immigration law attorney can provide valuable assistance to obtain a successful application.
Read more to learn about common mistakes to avoid when applying for DACA.
What is DACA?
DACA allows immigrants who arrived to the United States as children the ability to stay in the country, for renewable (2) year periods. During this time, DACA recipients are able to receive a Social Security number, pursue higher educational opportunities, and legally work in the country. While DACA does not offer a direct path to U.S. citizenship, recipients may become eligible for citizenship later on if they fulfill specific criteria.
The Current Status of DACA
DACA has been a controversial policy since its inception in 2012. On January 17, 2025, the 5th U.S. Circuit Court of Appeals ruled that DACA is unlawful. As a result, U.S. Citizenship and Immigration Services is no longer processing any new DACA applications. However, as of February 2025, they are still accepting initial requests. DACA renewals are continuing to be processed. The future of DACA is uncertain as the case is expected to be appealed to the Supreme Court, which will then make a final ruling on the program’s legality. If you are desiring to apply to DACA, then it is advisable to have your application ready to go in the event that applications start to be processed in the near future.
Who is Eligible to Apply to DACA
First things first, you must find out if you are eligible to apply for DACA. Applicants must meet the following criteria:
- You must have entered the United States before turning 16 years old.
- You must have been under the age 31 at of the start date of DACA (June 15, 2012)
- You must have no significant criminal history
- You must meet residency and educational or military requirements
If you determine you fit all the criteria, then you can apply for DACA.
How to Apply for DACA
Individuals eligible for DACA will need to submit the following forms to U.S. Citizenship and Immigration Services (USCIS):
- Form I-821D: Consideration of Deferred Action for Childhood Arrivals
- Form I-765: Application for Employment Authorization
- Form I-765WS: Economic Necessity Worksheet
Additionally, applicants must provide all the necessary supporting documents, which will provide proof that all the eligibility criteria is met.
Have an Attorney Check Your Application for Common Mistakes
It is strongly advised to consult with an immigration attorney in order to make sure your paperwork is complete and accurate. Common DACA application mistakes include:
- Missing or incomplete paperwork
- Failure to answer all questions
- Failure to submit all the all forms together
- Failure to sign forms
- Applicant filled out an old version of form
- Applicant didn’t pay application fee
Any omission, error, or mistake could delay or deny your application! As such, always have an experienced immigration law firm look over your application before you file. A lawyer can not only ensure that your information is accurate, but they can also help you present your case in the best possible way to increase your chances of approval.
Contact CoxESQ for All Your Immigration Needs
Immigration law is complicated and the rules are changing all the time. When you work with CoxEsq PC, you will be certain that you are in the best possible hands for your case. If you are looking to apply for DACA, we will take the time and effort to explain every step of the process for you. We can ensure that all the required DACA paperwork and supporting documents are in order. Contact our dedicated firm today for help with all your immigration needs.