What is DACA?

 

On June 15, 2012, President Obama announced that certain individuals 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. Deferred action does not provide lawful status. 

 

NOTE:

On November 20, 2014, the President made an announcement extending the period of DACA and work authorization from two years to three years. (The extension is currently on hold due to a pending court case.)

 

 Are you requesting DACA for the first time? 

 

You are eligible if:

 

1. you were born on or before June 15, 1981 – AND –

2. you are 15 years old or older – AND –

3. you arrived in the U.S. before you turned 16 – AND –

4. you first came to the U.S. before June 15, 2007 – AND –

5. you have lived here continuously since June 15, 2007 – AND –

6. you were physically present in the U.S. on June 15, 2012 – AND –

7. you had no lawful status on June 15, 2012 – AND –

8. you have OR are currently in school for a high school diploma OR certificate of completion, OR a GED, OR were honorably discharged by the Coast Guard or Armed forces of the United States

9. you 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 have any doubts about “9.”, consult an attorney or legal service provider.

 

You should consider speaking to a lawyer if:

 

1. you have a case in immigration court – AND/OR –

2. you have ever received a deportation order or a voluntary departure order  – AND/OR –

3. you left the U.S. on or after June 15, 2007 without Advance Parole – AND/OR –

4. you have EVER been arrested for, charged with, or convicted of a felony or misdemeanor, including incidents handled in juvenile court, in the U.S. Do not include minor traffic violations unless they were alcohol or drug-related  – AND/OR –

5. you have EVER been arrested for, charged with, or convicted of a crime in any country other than the United States – AND/OR –

6. you have EVER recruited, enlisted, conscripted, or used any person to serve in or help an armed force or group while such person was under age 15 –AND/OR –

7. you have EVER used any person under age 15 to take part in hostilities, or to help or provided services to people in combat – AND/OR –

8. you have EVER engaged in, ordered, incited, assisted, or otherwise participated in any of the following:

• acts involving torture, genocide, or human trafficking – AND/OR –

• killing any person – AND/OR –

• severely injuring any person – AND/OR –

• any kinds of sexual contact or relations with any person who was being forced or threatened

 

How to apply for your DACA:

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Here are the step by step instructions to apply for your DACA:

1. Determine Eligibility

2. Determine when to renew

3. Cover Letter (optional)

4. G-1145 (optional)

5. I-821D (required)

6. I-765 (required)

7. I-765WS (required)

8. Proof of identity (required)

9. Proof you came to the U.S. before your 16th birthday (required)

10. Proof of immigration status (required)

11. Proof of presence in the U.S. on June 15, 2012 (required)

12. Proof that you have continuously resided in the U.S. since June 15, 2012 (required)

13. Proof of your student status at the time of requesting DACA (required)

14. Proof if you are an honrably discharged veteran of the Coast Guard or Armed Forces

    ​of the U.S. (required if applicable)

15. $465 Fee as check or money order (required)

16. Passport photos (required)

 

 

 Are you requesting a DACA renewal? 

 

 

You are eligible for renewal if:

 

1. you have received DACA.

 

You should consider speaking to a lawyer if:

 

1. you have left the United States since August 15, 2012 without Advance Parole – AND/OR –

2. you left the United States with Advance Parole and did not return before it expired – AND/OR –

3. since your last DACA application – you have been arrested for, charged with, or convicted of a felony or misdemeanor, including incidents handled in juvenile court, in the U.S. Do not include minor traffic violations unless they were alcohol or drug-related  – AND/OR –

4. since your last DACA application – you have been arrested for, charged with, or convicted of a crime in any country other than the United States –AND/OR –

5. since your last DACA application – you have recruited, enlisted, conscripted, or used any person to serve in or help an armed force or group while such person was under age 15 – AND/OR –

6. since your last DACA application – you have used any person under age 15 to take part in hostilities, or to help or provided services to people in combat – AND/OR –

7. since your last DACA application – you have engaged in, ordered, incited, assisted, or otherwise participated in any of the following:

 

 

• acts involving torture, genocide, or human trafficking – AND/OR –

• killing any person – AND/OR –

• severely injuring any person – AND/OR –

• any kinds of sexual contact or relations with any person who was being forced or threatened

 

How to renew your DACA:

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If you are renewing keep in mind that you should submit your renewal request about 120 days (4 months) before your current period of deferred action will expire. If you submit your request more than 150 days (5 months) before your current period expires, USCIS may reject it and return it to you with instructions to resubmit it closer to the expiration date. 

 

Here are the step by step instructions to apply for your renewal:

1. Determine Eligibility

2. Determine when to renew

3. Cover Letter (optional)

4. G-1145 (optional)

5. I-821D (required)

6. I-765 (required)

7. I-765WS (required)

8. Copy of the front and back of your work permit (suggested)

9. Copy of your I-797, Notice of Action for I-765

10. Current Permit Mailer (optional)

11. $465 Fee as check or money order (required)

12. Passport photos (required)