Deferred Action for Childhood Arrivals

What is DACA?

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Deferred action is granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law. Deferred action does not provide an individual with lawful status.

What does DACA approval do?

  • DACA is available to both people in deportation proceedings and affirmative applications.
  • If application is approved, a written assurance that person will not be deported.
  • Undocumented person will not accrue “unlawful presence” – If other benefits available in future.
  • May qualify for in-state tuition, loans, and grants.

What DACA approval does not do?

  • Does not allow eligibility for Federal benefits such as (Medical, SSI, TANF, Food Stamps)
    It does not provide a path to lawful permanent residence or citizenship.

Am I eligible for DACA?
You are eligible if:

  • You were under the age of 31 as of June 15, 2012.
  • Came to the United States before reaching your 16th birthday.
  • Have continuously resided in the United States since June 15, 2007, up to the present time.
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS.
  • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012.
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States. You can enroll in school prior to filing your DACA application.
  • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. (Such as a DUI) (One DUI conviction bars eligibility for DACA.)

What forms will I need to submit?

The forms you need to submit are:

  1. Form I-821D Consideration of Deferred Action for Childhood Arrivals
  2. Form I-765 Application for Employment Authorization Document.
  3. Form I-765 WS economic need supplement form.
  4. $465 fee paid to USCIS.
  5. In addition, you will need to submit documentary evidence that you meet all of the criteria to qualify for deferred action, mentioned earlier.

What is the process of filing DACA?

  1. Collect documents as evidence you meet the guidelines.
  2. Complete UCSIS forms I-812D, I-765, and I-765 WS.
  3. Mail UCSIS forms and fees (total $465).
  4. Submit biometrics.
  5. Check status of your request online.

Since June 2012, Deferred Action for Childhood Arrivals, also known as DACA, seeks to provide protection and employment authorization to immigrants who came to the United States as children and who meet certain conditions.

If granted DACA, applicants can obtain deferred action for a period of two years. There are many benefits to DACA such as being able to obtain a work authorization card, Social Security Number, and possibly a driver’s license and identification. It is important to note that deferred action does not provide a path to residence or citizenship to the individual granted deferred action. Further, it does not give individuals who are granted deferred action any sort of lawful status. Although DACA is not a long-term solution, it does offer benefits for an undocumented individual that are worth considering.

Do you quality for Deferred Action for Childhood Arrivals (DACA)?

To qualify for DACA, an immigrant must:

  • Have entered the United States before the age of 16
  • Have been under the age of 31 as of June 15, 2012
  • Have continuously resided in the United States since June 15, 2007 up until the present time
  • Have been physically present in the United States on June 15, 2012 and at the time of their request for Deferred Action
  • Be currently enrolled in school, have graduated from high school, have obtained a GED, or be an honorably discharged veteran of the Armed Forces or Coast Guard
  • Have not been convicted of a felony offense, a significant misdemeanor, multiple misdemeanor, or pose a threat to national security or public safety
  • The Law Office of Spojmie Has extensive experience with processing DACA applications. Please call us for a detailed consultation.