DACA stands for ‘Deferred Action for Childhood Arrivals’. It is an administrative relief program that prevents immigrants who arrived in the United States as children from being deported. It provides them with protection from deportation and a work permit, which must be renewed every two years. Here’s how you can apply for DACA and its benefits.
DACA Requirements
To qualify for DACA, you must meet the following criteria:
- You were under 31 years old as of June 15, 2012.
- You first came to the United States before your 16th birthday.
- You have lived continuously in the United States from June 15, 2007, to the present.
- You were physically present in the United States on June 15, 2012, and at the time you apply.
- You came to the United States without valid documents before June 15, 2012, or your lawful status expired as of June 15, 2012.
- You are currently studying, have graduated from high school or earned a certificate of completion of high school or GED, or have been honorably discharged from the Coast Guard or military.
- You have not been convicted of a felony, certain significant misdemeanors, or three or more misdemeanors of any kind.
Applying for DACA
For those applying for the first time, Initial DACA applications can be submitted to USCIS but are currently not being reviewed or approved. However, all DACA renewals are being accepted by USCIS.
To apply for DACA, you will need to complete the following forms:
– Form I-821D – Consideration of Deferred Action for Childhood Arrivals
– Form I-765 – Application for Employment Authorization
– Form I-765WS – Worksheet explaining your economic need to work
– Copy of the front and back of your current Employment Authorization Document (work permit)
DACA Renewals
If you are renewing your DACA, you should submit the complete renewal application along with the required documents, two passport-sized photos, and the $495 fee to USCIS. USCIS announced that individuals may now file their DACA renewal online as of April 12, 2022.
What is DACA Advance Parole?
DACA Advance Parole is an administrative procedure that allows DACA recipients to temporarily travel outside the United States for humanitarian, educational, or employment purposes and re-enter upon their return.
Applying for DACA Advance Parole
To apply for DACA Advance Parole, you must have a valid passport from your home country and submit evidence supporting your reason for travel outside the United States. USCIS will only grant advance parole if the travel is in furtherance of one of the approved categories.
Risks and Potential Benefits
Traveling with advance parole does not guarantee re-entry into the United States, as CBP officers have discretion to deny entry. However, it can be a potential path to permanent residency (green card) for DACA recipients with immediate family members who are U.S. citizens.
If you need assistance with your DACA application or renewal, consider reaching out to Herbert Law Group for help. Our experienced team can guide you through the process and ensure that your application is completed accurately and on time. Contact us today to schedule a consultation.
