What is DACA?
DACA is an acronym for Deferred Action for Childhood Arrivals. It is a policy that protects around 800,000 young adults — known as “DREAMers” — who entered the United States unlawfully as children through no fault of their own. The program does not grant them official legal status or a pathway to citizenship, but it does allow them to apply for a driver’s license, social security number, and work permit. Most importantly, it also protects them from deportation.
Approximately 1.8 million people are eligible for DACA, according to the Center for American Progress, but as of March 2020, a little more than 800,000 individuals were enrolled in the program.
Applicants must meet the following major DACA requirements
- Entered the United States unlawfully prior to their 16th birthday.
- Have lived continuously in the United States since June 15, 2012.
- Were under the age of 31 on June 15, 2012.
- Were physically present in the United States on June 15, 2012.
- Had no lawful status on June 15, 2012.
- Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school.
- Have not been convicted of a felony or a serious misdemeanor, or three (3) or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
How to apply for DACA — Contact our firm by email or telephone
Applicants must complete Form I-821D Consideration of Deferred Action for Childhood Arrivals and Form I-765 Application for Employment Authorization Document mail USCIS the forms and fees then set up and attend a biometrics appointment at a local USCIS Application Support Center when requested.
DACA Supporting Documents
- Proof of identity: This could be in the form of a passport, birth certificate, state-issued photo ID, military ID, or school ID.
- Proof of physical presence in the United States before age 16: Copy of a passport with a stamp, Form I-94, any INS documents with date of entry, travel records, school records, hospital or medical records, and official religious ceremony documents.
- Proof of established residence prior to age 16: Acceptable documents include school records, employment records, tax returns, bank letters, or a verification of employment.
- Proof of residency since June 2007: This could include payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies.
- Proof of presence in the U.S. on June 15, 2012: This could include rent payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies.
- Proof of no lawful status on June 15, 2012: Form I-94 with expiration date, final order of removal or deportation as of June 15, 2012, or Department of Homeland Security (DHS) document about removal proceedings.
- Proof of current education, graduation, G.E.D., or military service: Acceptable documents include current enrollment in elementary, middle, high school, or home school; education or literacy program, GED program, college/university/community college, diplomas, transcripts showing graduation date, and/or dates of enrollment.
- Proof of honorably discharged veteran status: Form DD-214, NGB Form 22, military personnel records, or health records.
- Proof of removal proceedings: Copy of the removal order, any document issued by the immigration judge, or the final decision of the Board of Immigration Appeals (BIA).
- Proof of Criminal history: Official statement from arresting agency that no charges were filed, or if charged/convicted, an original or court-certified copy of the complete arrest record and disposition for each incident; an original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction.
DACA Supporting Documents
- Proof of identity: This could be in the form of a passport, birth certificate, state-issued photo ID, military ID, or school ID.
- Proof of physical presence in the United States before age 16: Copy of a passport with a stamp, Form I-94, any INS documents with date of entry, travel records, school records, hospital or medical records, and official religious ceremony documents.
- Proof of established residence prior to age 16: Acceptable documents include school records, employment records, tax returns, bank letters, or a verification of employment.
- Proof of residency since June 2007: This could include payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies.
- Proof of presence in the U.S. on June 15, 2012: This could include rent payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies.
- Proof of no lawful status on June 15, 2012: Form I-94 with expiration date, final order of removal or deportation as of June 15, 2012, or Department of Homeland Security (DHS) document about removal proceedings.
- Proof of current education, graduation, G.E.D., or military service: Acceptable documents include current enrollment in elementary, middle, high school, or home school; education or literacy program, GED program, college/university/community college, diplomas, transcripts showing graduation date, and/or dates of enrollment.
- Proof of honorably discharged veteran status: Form DD-214, NGB Form 22, military personnel records, or health records.
- Proof of removal proceedings: Copy of the removal order, any document issued by the immigration judge, or the final decision of the Board of Immigration Appeals (BIA).
- Proof of Criminal history: Official statement from arresting agency that no charges were filed, or if charged/convicted, an original or court-certified copy of the complete arrest record and disposition for each incident; an original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction.
DACA Renewals
USCIS recommends DACA recipients submit their renewal requests between 120 and 150 days before their current DACA expires. To request a DACA renewal, the following conditions must be met:
- Applicant did not depart the United States on or after August 15, 2012, without a valid travel document (Form I-131)
- Applicant continuously resided in the United States since submitting their most recent approved DACA request
- Applicant has not been convicted of a felony, a serious misdemeanor, or three or more misdemeanors, and does not pose a threat to national security or public safety