DACA or Deferred Action for Childhood Arrivals is a U.S. immigration policy established in 2012 that allows certain undocumented individuals brought to the United States as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. This policy does not give a path to citizenship, just temporary relief and opportunities. In this blog, we will go over the basics of DACA including eligibility, benefits, limitations, and how to apply to help you better understand this important policy. 

DACA explained
immigration services schedule a consultation

Eligibility Requirements for DACA

In order to be eligible for DACA, individuals must meet certain requirements:

  • Age: They must’ve arrived in the U.S. before their 16th birthday and must have been under 31 as of June 15, 2012.
  • Residence: They must have continuously resided in the U.S. since June 15, 2007, up to the present date.
  • Education or Military Service: They must be currently in school, have graduated or received a certificate of completion from high school, have obtained a GED, or be an honorably discharged veteran of the U.S. Coast Guard or Armed Forces.
  • Criminal Record: They must not have been convicted of a felony, a serious misdemeanor, or three or more other misdemeanors.

How to Apply for DACA

Once individuals have determined they are eligible, they can start the application process. The first step is gathering all necessary documentation. Here are the types of documents individuals should make sure they have:

  •  Proof of Identity: A valid passport, birth certificate with photo ID, or a school or military ID.
  • Proof of Arrival Before Age 16: Immigration documents, school records, or medical records.
  • Proof of Continuous Residence: School transcripts, employment records, utility bills, rent receipts, or any other documents proving you have lived in the U.S. continuously since June 15, 2007.
  • Proof of Education or Military Service: High school diploma, GED certificate, proof of current school enrollment, or discharge papers from the U.S. military.

Once all documents have been gathered, the next step is to start filling out application forms. You can obtain the forms from DACA from the official U.S. Citizenship and Immigration Services website. There is also an application fee you will need to pay, which is $495.

The forms needed to apply for DACA are: 

  • Form I-821D (Consideration of Deferred Action for Childhood Arrivals), 
  • Form I-765 (Application for Employment Authorization)
  • Form I-765WS (Worksheet)
  • Form I-821D (Consideration of Deferred Action for Childhood Arrivals) 
  • Form I-765 (Application for Employment Authorization)
  • Form I-765WS (Worksheet)

After completing all necessary forms, mail all forms and supporting documents to the designated U.S. Citizenship and Immigration Services lockbox. By following these steps and filling out forms completely and accurately, applicants and ensure a smooth application process.

Benefits of DACA

Receiving DACA comes with many different benefits: 

  1. Temporary Protection from Deportation: DACA provides eligible individuals with temporary protection from deportation, allowing them to live in the U.S. without fear of removal for two years, with the possibility of renewal.
  2. Work Authorization: DACA recipients are granted a work permit, allowing them to legally obtain employment in the U.S. 
  3. Access to Certain State Benefits: DACA recipients may be eligible for state-specific benefits, such as in-state tuition rates at public colleges and universities, and access to certain scholarships. Eligibility for these benefits varies by state.

Limitations of DACA

While DACA can be very helpful for individuals, it does come with limitations:

  1. No Pathway to Permanent Residency or Citizenship: DACA does not provide a direct path to obtaining a green card, permanent residency, or U.S. citizenship. It is a temporary solution. 
  2. Temporary Status Subject to Renewal: DACA status is temporary, granted in two-year increments, and must be renewed before it expires. This can be stressful and hard to keep up with. 
  3. Impact of Political and Legal Challenges: Court rulings, changes in administration policies, or legislative actions can impact the program’s existence or the ability of recipients to continue receiving benefits.

Get Help From an Immigration Attorney 

If you think you are eligible for DACA or want to learn more about it, an immigration attorney can provide personalized advice and expertise. At CoxEsq, PC we specialize in US immigration law, providing comprehensive legal services to clients. Putting off getting legal advice can make it more difficult for you to take action and resolve your situation. If you want to obtain more detailed answers to your immigration questions, set up a consultation with a reputable Missouri citizenship lawyer at Cox Esq., PC that you can trust as soon as possible.