eligibility requirements for DACA

DACA, or Deferred Action for Childhood Arrivals, is an immigration policy that provides temporary protection for certain undocumented immigrants who were brought to the United States as children. It allows them to secure a work permit and avoid deportation and is valid for two years. This program was put into place to help young immigrants who grew up in the United States and it has very specific eligibility requirements. In this blog, we will be going over the eligibility requirements for DACA so you can understand whether or not you are eligible for this program.  

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Basic Eligibility Criteria 

There are specific eligibility requirements for DACA. The program is intended for individuals who were brought to the U.S. as children and must meet residency, age, education, and other key requirements. If an individual fails to meet all of the eligibility criteria, they may be unable to apply. 

Here are some of the basic eligibility criteria:

Age Requirements

  • Applicants must have been under 31 years old as of June 15, 2012.
  • They also must have been under 16 years old when they entered the U.S., showing that they were brought into the country as a child.

Residency Requirements

  • Applicants must have continuously resided in the U.S. since June 15, 2007
  • They must have been physically present in the U.S. on June 15, 2012, and at the time of their DACA application.
  • They also must have had no lawful status in the U.S. on June 15, 2012, which means they were undocumented at that time.

Educational and Military Requirements

  • They must be currently enrolled in school, have graduated from high school, obtained a GED, or have been honorably discharged from the U.S. military.

Criminal Background

  • Applicants must not have been convicted of a felony, a serious misdemeanor, or three or more other misdemeanors. This is to prove they are not a threat to the community and the country itself. 

All of these criteria must be met in order for individuals to be considered for DACA. The application process can be complex and it is important for individuals to be aware of the criteria before applying so they do not waste their time. 

Application Process for DACA

Once you have determined you meet the criteria for DACA, you can start the application process. It is important to be aware and complete each step completely and thoroughly in order to have a successful application.

Here is an overview of the application process:

1. Gather Required Documentation

  • Collect all necessary documents that prove your identity, age, continuous residency, and educational status. You will need:
    • Proof of identity (e.g., passport, birth certificate)
    • Proof of entry into the U.S. before age 16
    • Proof of continuous residence since June 15, 2007 (e.g., school records, rental agreements)
    • Criminal record check, if applicable

2. Complete Form I-821D (Consideration of Deferred Action for Childhood Arrivals)

  • This is the main form you will fill out for your DACA application. In this form, you will be asked to provide personal details about yourself. Make sure to fill it out completely and accurately.

3. Complete Form I-765 (Application for Employment Authorization)

  • This is the form you will need to submit to request employment authorization. You may need to pay fees and include supporting documents.

4. Submit Form I-765WS (Worksheet)

  • This is a worksheet that explains your financial need for employment authorization. It’s another important component of the application

5. Pay the Application Fee

  • As of 2024, the fee for DACA application and work authorization is $495. Make sure you provide this payment along with your other documents.

After these steps are completed, you have finished your application. The next step may involve a background check before you hear a decision.

Ensure Your DACA Eligibility: Get Legal Assistance Today

It is important to be aware of the eligibility requirements for DACA before starting the application process as it is crucial for a successful application. DACA is a great resource for immigrants who were brought to the United States as children to provide employment and prevention from deportation. If you think you or a family member is eligible for DACA, it can be helpful to seek legal guidance. The DACA application process or renewal can be complex, and missing a step can lead to delays or denial. If you need assistance with your DACA application or renewal, contact CoxEsq, PC, an experienced immigration attorney, for personalized guidance and support throughout the process.