ELIGIBILITY REQUIREMENTS FOR INITIAL DACA APPLICATIONS (7.13.2020)
| Requirement | You may need one or more of the followin ... |
| ☐ Proof of identity | Passport Birth certificate (with transla ... |
| ☐ Proof you came to U.S. before your 16 ... | Passport with admission stamp Form I-94/ ... |
| ☐ If you have been in deportation procee ... | Form I-94/I-95/I-94W with authorized sta ... |
| ☐ Proof you continuously resided in U.S. ... | Rent receipts, utility, cell phone bills ... |
- Are under 31 years of age as of June 15, 2012;
- Came to the U.S. while under the age of 16;
- Have continuously resided in the U.S. from June 15, 2007 to the present. ...
- Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
What documents will I need to apply for DACA?
LIST OF DOCUMENTS NEEDED FOR “DACA” FILING Please return the above signed forms along with the following to our office as soon as possible: Two (2) passport photographs for you; Two checks in the form of a check or money order in the amount of $380.00 and 85.00, payable to U.S. CITIZENSHIP AND IMMIGRATION SERVICES, to cover
Who qualifies for DACA status?
Who qualifies for DACA? You are eligible for Deferred Action for Childhood Arrivals (DACA) if: You entered the U.S. unlawfully before you were 16 years old. You have continuously lived in the U.S. since June 15, 2007. You were in the U.S. on June 15, 2012. You had no legal immigration status on June 15, 2012.
Can I apply for DACA, and how?
You can apply for DACA for the first time if you meet the following requirements: You were under the age of 31 on June 15, 2012 (born after June 15, 1981). You are currently 15 years old or older, or are under 15 but in removal proceedings. You started living in the US before your 16th birthday.
How long after biometrics can I get approved for DACA?
USCIS has a stated goal to processing DACA applications within 120 days, but this is far from reality. After filing your DACA application package, your I-821D processing time can take anywhere from 7 to 10 months. This is an approximation. It may be shorter for some and longer for others.
What are the requirements for DACA 2020?
To be eligible you must:Have been under the age of 31 as of June 15, 2012.Have entered the U.S. before you turned 16 years old.Have continuously resided in the U.S. since June 15, 2007 up to the present time.Have been physically present in the U.S. on June 15, 2012 and at the time you are applying for DACA.More items...
What are the educational requirements for DACA?
To meet the "in school" requirement, DACA applicants must either: be "currently in school" have graduated from high school or obtained a certificate of completion from high school (i.e. a diploma) have earned a general education development certificate (GED), or.
What are the requirements to be a dreamer?
The individual must:have proof that they entered the United States before the age of 16 and must have continuously lived in the country for at least 5 years.have graduated from a United States high school or obtained a GED in the US.demonstrate good moral character.pass criminal background checks.
Can a 30 year old apply for DACA?
It only is a temporary measure. Who is eligible for DACA? The main eligibility criteria for DACA are: You must be 15-30 years old to apply.
What are the requirements for DACA 2021?
Have resided continuously in the U.S. since June 15, 2007;Had come to the United States before your 16th birthday.Were physically present in the United States; and.Are in school, have graduated from high school in the United States, or have a GED; or.More items...•
What is the age limit for DACA?
Any individual born after June 15, 1981 is within—and shall remain within—DACA's age requirements. Only individuals who were 31 years old or older on June 15, 2012 are ineligible for DACA.
Can I get DACA if I came after 2007?
Can I file DACA if I came into the US after 2007? No. The new court ruling just rolled back everything Trump tried to do to revoke DACA, so the original plan from 2012 is what's effective now.
Can I apply for DACA for the first-time?
Now that the Department of Homeland Security (DHS) is accepting first-time Deferred Action for Childhood Arrivals (DACA) applications, it is vital that eligible individuals understand the application process, the required documents, and best practices in preparing the strongest application possible.
What is the difference between dream and DACA?
The DREAM Act is a bill that got introduced in the U.S. Senate in July 2017 (similar bills have been introduced in Congress for well over a decade). The bill aimed to provide permanent relief to DREAMers by changing the law, whereas DACA provided temporary relief by executive action.
How much does DACA cost?
$495$495. This fee includes employment authorization and biometric services and cannot be waived. Use our Fee Calculator to help determine your fee.
How can a DACA recipient get a green card without marriage?
If you don't meet the eligibility requirements for a marriage-based or employment-based green card, you may be qualified to apply as a special immigrant....To qualify for this category, you must be one of the following:Religious worker.Special immigrant juvenile.International broadcaster.More items...•
Can I go to Hawaii with DACA?
Please be aware that for travel to any location other than the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, or the Commonwealth of the Northern Mariana Islands, you must have advance parole from USCIS prior to departure, just as with any other international travel.
DACA Requirements
DACA requires specific criteria to be eligible. Individuals who meet the following criteria may apply for initial consideration of deferred action for childhood arrivals (DACA):
Is DACA Still Taking Applications?
In 2017, the Trump administration made various attempts to end the DACA program. However, in December 2020, a federal judge ordered the Department of Homeland Security to restore DACA as it was first implemented by the Obama administration.
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 guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization.
Request DACA for the First Time
The following information explains the guidelines for requesting DACA for the first time. If you need further information and cannot find it in our Frequently Asked Questions, you can call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833.
Filing Process for DACA
If you meet the guidelines for DACA, you will need to complete the following steps to make your request to USCIS.
Fee Exemptions
There are very limited fee exemptions available. Your request for a fee exemption must be filed and favorably adjudicated before you file your DACA request without a fee. In order to be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet one of the following conditions:
Travel Information
Certain travel outside the United States may affect the continuous residence guideline. Traveling outside the U.S. before Aug. 15, 2012, will not interrupt your continuous residence if the travel was brief, casual, and innocent. If you travel outside the United States on or after Aug.
Combatting Fraud
USCIS is committed to safeguarding the integrity of the immigration process. If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a federal felony punishable by a fine, or imprisonment up to five years, or both, under 18 U.S.C. Section 1001.
What is the DACA program?
The Deferred Action for Childhood Arrivals or DACA Program is a humanitarian program that protects people from deportation. It allows you to apply for deferred action if you illegally entered the U.S. as a minor. You can also get a temporary work permit, driver’s license, and social security number through DACA.
What is the purpose of the DACA program?
More specifically it is intended to protect undocumented immigrants who were brought to the U.S. by their parents when they were children. If you came to the U.S. as a minor and you are currently undocumented, you would be protected from deportation by the DACA Program.
How often do you have to renew your deferred action?
Your request for deferred action has to be renewed every two years. You will be considered for renewal if you still meet all of the DACA requirements. Specifically, the USCIS will consider: Whether you have left the U.S. on or after August 15, 2012, without advance parole.
When will the DACA be reinstated?
But in December 2020, a federal judge ordered the Department of Homeland Security to restore DACA to its original state as implemented by the Obama administration. This means if you meet the DACA eligibility requirements you can submit an initial or renewal application for DACA.
When does a DACA expire?
If you previously received DACA and your DACA expired on or after February 2019, you can still submit your DACA petition as a renewal petition. Indicate the date your previous DACA expired in the appropriate box in Part 1 of Form I-821D.
What is the legal status of a US citizen in 2012?
Legal status – You must have had no legal status on June 15, 2012. Education – You must be in school, have graduated high school, obtained a GED, or have been honourably discharged from the Coast Guard or armed forces.
How old do you have to be to enter the US in 2012?
Age as of June 15, 2012 – You need to have been under 31 years of age on June 15, 2012. Age of illegal entry to the U.S. – You need to have been under the age of 16 when you came to the U.S. Date of illegal entry to the U.S. – You need to have entered the U.S. without inspection before June 15, 2012.
How do you know if you are eligible for DACA?
Applying for consideration for Deferred Action for Childhood Arrivals (DACA) can be a confusing and time consuming process. Before you begin, you should know all the eligibility requirements for applying for DACA. With all the right information and documentation, the process can be simple and painless.
You may be eligible to request DACA Immigration Application if you
Road to Status™ provides immigration applicants with high quality, affordable immigration tools that are easy to use, secure, and accessible anywhere. Watch a short video to see how it works here. When needed, licensed and vetted immigration attorneys are available to help.
How old do you have to be to get a DACA?
In general, an applicant must be at least fifteen years old to submit a DACA request. There is an exception to this requirement for those who are currently in removal proceedings or have a final removal order or a voluntary departure order. Those young individuals can request DACA even if they are under the age of fifteen.
How long has the DACA been in existence?
Though the Deferred Action for Childhood Arrivals (DACA) policy has been in existence since 2012 and has helped over 700,000 youth get protection, the Trump administrations’ disruptions to the program these last four years have left many advocates and potential DACA eligible youth with anxiety and questions about who might be eligible. This has most impacted those who were not able to access DACA due to the attempted termination of the program by the Trump Administration in the fall of 2017. Although the program was brought back in part through litigation, allowing for DACA renewals, few practitioners have put together an initial DACA application packet in the last few years.
What is a DAC?
DACA is a form of prosecutorial discretion that provides protection from deportation and employment authorization in two-year increments to certain undocumented youth and young adults. The Department of Homeland Security (DHS) first announced the DACA policy on June 15, 2012 and US Citizenship and Immigration Services (USCIS) began accepting DACA applications on August 15, 2012. DACA was created by DHS Secretary Janet Napolitano who issued a policy memorandum2 that authorized the use of prosecutorial discretion for certain individuals that were brought to this country as children.
Can you get a DACA if you have a felony?
Certain criminal behavior can make a person ineligible for DACA. Individuals who have been convicted of (1) a felony offense, (2) a “significant” misdemeanor offense, (3) three or more “non-significant” misdemeanor offenses, or (4) who otherwise pose a threat to national security or public safety, will not be considered for DACA unless DHS determines there are exceptional circumstances.
What is DHS DACA?
As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of two years, subject to renewal for a period of two years, and may be eligible for employment authorization.
How long is a DACA?
Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of two years, subject to renewal for a period of two years , and may be eligible for employment authorization. You may request consideration of DACA if you:
How long is the DACA extension?
USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the defunct policy.
How old do you have to be to file a deferred action?
If you are under 18 years of age at the time you submit your request, you will not accrue unlawful presence while the request is pending, even if you turn 18 while your request is pending with USCIS. If action on your case is deferred, you will not accrue unlawful presence during the period of deferred action.
What evidence is accepted for USCIS?
For evidence, USCIS will: Accept affidavits from community-based or religious organizations to establish a requestor’s homelessness or lack of parental or other familial financial support. Accept copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level.
What are the evidences of enrollment?
Such evidence of enrollment may include: acceptance letters, school registration cards, letters from a school or program, transcripts, report cards, or progress reports which may show the name of the school or program, date of enrollment, and current educational or grade level, if relevant.
Who is authorized to be present in the United States during the period of deferred action?
An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect.
What Is The DACA Program?
- The Deferred Action for Childhood Arrivals or DACA Program is an initiative implemented by the Obama administration in 2012. The purpose of the program is to protect people from deportation. More specifically it is intended to protectundocumented immigrants who were brought to the U.S. by their parentswhen they were children. If you came to the U.S. as a minor and you are currentl…
Who Qualifies For The DACA Program?
- You qualify for the DACA program if you: 1. are an undocumented immigrant who has no legal status 2. were brought to the U.S. by your parents when you were a minor, and 3. have continuously resided in the U.S. since then.
What Are The Requirements to Be Eligible For DACA
- The DACA eligibility requirements can be a bit daunting for first-time applicants, but renewals are generally easier. The DACA Requirements are: 1. Age as of June 15, 2012 – You need to have been under 31 years of age on June 15, 2012. 2. Age of illegal entry to the U.S. – You need to have been under the age of 16 when you came to the U.S. 3. Date ...
Can DACA Be Renewed?
- Your request for deferred action has to be renewed every two years. You will be considered for renewal if you still meet all of the DACA requirements. Specifically, the USCIS will consider: 1. Whether you have left the U.S. on or after August 15, 2012, without advance parole 2. Whether you have continuously resided in the U.S. since you submitted your most recent request for DACA th…
Additional DACA Documents
- You do not need to submit any additional documents at the time of your renewal request unless you have new documents related to removal proceedings or a criminal history that you have not previously sent to the USCIS in a previously approved DACA petition. For a step-by-step guide to requesting consideration of deferred action for childhood arrivals, complete the worksheets and …
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Conclusion
- The Deferred Action for Childhood Arrivals or DACA Program is a humanitarian program that protects people from deportation. It allows you to apply for deferred action if you illegally entered the U.S. as a minor. You can also get a temporary work permit, driver’s license, and social security number through DACA. Even though theTrump administration has made multiple attempts to wi…