DACA and Work Authorization

The Deferred Action for Childhood Arrivals (DACA) provides temporary protection from deportation and work authorization for eligible individuals who came to the U.S. as children. Several states have sued to have DACA declared illegal. The program has faced numerous legal challenges and policy shifts, so current and potential applicants must stay informed.

DACA is a form of deferred action, which means the government does not prioritize eligible individuals for removal or deportation. DACA does not provide a pathway to citizenship, but it does have significant benefits. These include protection from deportation, work authorization, access to a Social Security Number (SSN), and a driver’s license. A skilled immigration attorney is needed to guide you through applying for DACA.

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Eligibility Criteria for DACA

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

  • Arrived in the U.S. before turning 16 and were under 31 as of June 15, 2012.
  • Continuously resided in the U.S. since June 15, 2007.
  • Currently enrolled in school, have graduated from high school, obtained a GED, or military service.
  • No felony convictions or significant misdemeanors and must not threaten national security or public safety.

Applicants must provide evidence, such as school transcripts, utility bills, or military discharge papers, to prove their eligibility.

Work Authorization Benefits

One of the most impactful elements of DACA is the ability to obtain work authorization. Work authorization allows DACA recipients to apply for jobs across various industries without risk of discrimination based on immigration status. Recipients can also obtain an SSN, which is necessary for employment and banking. 

Applying or Renewing DACA

DACA provides significant benefits, but the program has limitations. Recipients must file for renewal every two years. The relief granted by DACA is only temporary relief and creates uncertainty. Renewals should be submitted 120 to 150 days before the DACA status expires. The DACA application process involves multiple steps:

  • Preparing Documents – Applicants must show proof of identity, proof of entry into the U.S., and proof of residency.
  • Submitting Completed Forms 
    • Form I-821D, which is the Consideration of DACA
    • Form I-765, which authorizes employment
    • Form I-765WS, which outlines financial needs.
  • Paying Fees – The total application fee is $495. 
  • Attending Biometrics Appointment – Provide fingerprints and a photograph for background checks. There is also a fee for biometrics.
  • Awaiting Decision – Processing times vary, but applicants can monitor their status online and respond promptly to requests for additional information.

Challenges and Limitations

DACA does not grant lawful status or a pathway to permanent residency or citizenship. Proposals, such as the DREAM Act, aim to provide permanent protections for DACA recipients. However, these proposals are often subject to congressional legislation that has yet to pass.

Why Seek Legal Assistance?

Applicants may have difficulty navigating DACA’s complexities because the policies are constantly changing. An experienced immigration attorney can evaluate your eligibility, assist you with submitting documents, and guide you through renewing DACA every two years. An adept lawyer increases your chances of success.DACA and work authorization have provided invaluable opportunities for young immigrants, but the program’s temporary nature requires applicants to stay informed about its status. The legal counsel at Cox Immigration has years of experience in immigration law and can explain the complex nature of DACA to applicants. Please contact us online or call 314-827-5826 to speak with an attorney about your DACA concerns.