Deferred Action

Deferred Action for Childhood Arrivals (DACA) is a program that began under President Obama in 2012. Under the program, qualifying undocumented immigrants that came to the United States as a child and meet other eligibility requirements can apply for DACA and receive a deferred status from USCIS for two years. To qualify, an individual must meet the following eligibility requirements:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. 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;
  5. Had no lawful status on June 15, 2012;
  6. 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 an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you meet those requirements, you can apply for DACA. You will need to complete forms I-821D, Consideration for Deferred Action for Childhood Arrivals, form I-765, Application for Employment Authorization Document (EAD), and I-765WS, EAD Worksheet. In addition to completing these forms, evidence to support that you are eligible for DACA will also be needed. In addition to meeting the above listed eligibility, you will have to prove six categories, which are listed below:

  • Proof of Age
  • Proof of Entry Date
  • Proof of 5 years Continuous Residence in the US on 06/15/2012
  • Proof of Presence in the US on 06/15/2012
  • Proof of Education/Military Status

A lot of evidence will be needed to prove each of these categories. A Birth certificate, passport, bank statements, medical records, school records, pay stubs, travel records, criminal history, and more will be needed to satisfy the evidence requirements for each category.

Completing a DACA application is a long, and at time complicated process. A lot of information and evidence is needed to complete a successful DACA application. If you believe you or a family member might be eligible for DACA or would like to know more, you should contact a skilled immigration attorney for a consultation.

Forms to complete:

Form I-821D, Consideration of Deferred Action for Childhood Arrivals

Form I-765, Application for Employment Authorization

Form I-765WS, Employment authorization work sheet

USCIS Cost for filing:

The total application fee for those seeking both Deferred Action and Employment authorization Document is $465.

DACA Renewal

In June of this year, the Department of Homeland Security announced that USCIS would begin accepting renewal applications for DACA applicants whose deferred status was set to expire in 2014. If approved, the applicant would receive an additional two years of deferred status. To apply, the applicant has to meet the above eligibility as well as these additional qualifications:

  1. Did not depart the United States on or after August 15, 2012, without advance parole;
  2. Have continuously lived in the United States since you submitted your most recent DACA request that was approved; and
  3. Have not been convicted of a felony, a significant misdemeanor or thee or more misdemeanors, and do not otherwise pose a threat to national security or public safety

USCIS is encouraging individuals that wish to renew DACA to complete and submit their applications at least 120 days prior to the expiration of the current deferred status. For DACA renewal, all USCIS requires is the completion of f orm I-821D. Unless anything has changed, no documentation will need to be submitted.

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