Deferred Action for Childhood Arrivals (DACA) Article

DACA-What is it and How Can it Help Me or My Family

What is DACA?

DACA is an immigration program intended to assist “Dreamers.”  Most people have heard the term “Dreamers.”  Those are individuals who entered the U.S. illegally as children and who have grown up in this country.  DACA stands for Deferred Action for Childhood Arrivals.  On June 15, 2012, the Secretary of Homeland Security announced to the nation that some people who illegally immigrated to the United States as children would be eligible to request a 2-year deferment on any deportation actions.  Those individuals must meet specific eligibility criteria.  Qualified dreamers who have deferments would be able to request renewals of those deferments when the two years expired.  Deferred status allows the individual authorization to work in the U.S., but it does not confer lawful status on the recipient.

The Requirements for Requesting DACA

    The following list contains the Federal Government’s requirements for a DACA application:

    1.  You must have been under the age of 31 years on June 15, 2012, when the program was enacted.
    2.  You must have entered the U.S. before your 16th birthday.
    3.  You must have continuously lived in the United States since June 15, 2007.  In other words, once you arrived in the U.S., you stayed here.  You are not eligible if at any time after June 15, 2007, you left the U.S. to live in a foreign county and later moved back to the U.S.
    4.  You must have been physically present in the United States both on June 15, 2012, and on the date you apply for DACA.
    5.  You had no lawful immigration status on June 15, 2012.
    6. You are currently enrolled in school, have a high school diploma, a GED certificate, or are an honorably discharged veteran of the U.S. Armed Forces or Coast Guard, and;
    7.  You have not been convicted of a felony, serious misdemeanor, have 3 or more misdemeanors on your record, and do not pose a threat to national security or public safety.

In addition to the seven requirements listed above, you must be 15 years old or older to request a DACA unless you are currently involved in removal proceedings or have a voluntary departure or removal order.

To explain this confusing list of requirements, let’s discuss some examples.  Suppose you attended high school until you were 16 years old but never graduated and never got your GED.  Now, you work part-time bagging groceries.  You are not eligible to apply for a DACA unless you complete your schooling.  You can try to join the military, but without a DACA, that may be difficult to do.  Suppose you find a way to enter the United States Armed Forces or Coast Guard, serve your full tour and obtain an honorable discharge.  In that event, you would be eligible to apply for a DACA.  Suppose you finished high school and are enrolled in college.  You would be eligible for a DACA.

Collecting the Documents You Need for Your Application

You will need to collect and submit documents as part of the application process.  These documents are the evidence you need to support your claim as a qualified applicant.  To meet the education requirement, you will need to submit proof that you are a student currently enrolled in school.  Transcripts or report cards from the U.S. school you are attending meet the requirements.  If your schooling is complete, you will need to submit a U.S. high school diploma or certificate of completion.  You can also submit a U.S. GED certificate or college diploma. 

You will also need to prove your identity by submitting a birth certificate, passport, driver’s license, military or school ID or some other credible form of picture identification.  You can prove physical presence in the U.S. with documents like paystubs, rent receipts, hospital or clinic records, and utility bills.

 If your application is based on you being an honorably discharged veteran of the U.S. Coast Guard or Armed Services, you will need to submit a Form DD-214 (Certificate of Release or Discharge from Active Duty), NGB Form 22 (National Guard Report of Separation and Record of Service), Military personnel records or Military health records.

Completing and Submitting the Forms

Before beginning the application process, you probably need to review www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca.  This is an informational article about the DACA process that can serve as a useful guide to get you through all the do’s and don’ts of the application forms.  The first form you must complete is Form I-821D.  The best thing to do is to download the latest version of this form from www.uscis.gov, the website for the United States Citizenship and Immigration Services.  The agency will accept only the latest version of the form.  Download and print the form; then, fill it out in black ink.  If you make a mistake, start over with a fresh copy of the form.  If you explore the website for DACA information, you will find a PDF document containing detailed instructions for completing the form.

You will also be required to fill out Form I-765 (Application for Employment Authorization).  You will find instructions on the website for filling out that form.  In addition to Form I-765, you will need to complete I-765WS (the I-765 worksheet).  Be aware, if you do not fill out the latest version of the forms correctly or if you fail to submit the required fees, USCIS will reject your application.

Application Fees and Filing

Currently, the fee for the DACA employment authorization is $495.00.  Of course, that figure is subject to change.  There are no fee waivers, but some very limited exemptions are available.  To be considered for an exemption, you will need to submit a letter and documentation to USCIS proving that you meet one of the following conditions:

    a.  You are under the age of 18, have an income that is less than 150% of the U.S. poverty level and are either in foster care or lacking any parental or familial financial support; or

    b.  You are under the age of 18 and homeless; or

    c.  You are under the age of 18 and are unable to care for yourself because of a serious disability and have an income less than 150% of the U.S. poverty level; or

    d.  You have accumulated more than $10,000 in debt from medical bills over the past year and your income is less than 150% of the poverty level.

As you can see, not many people will qualify for an exemption.  The USCIS website contains detailed instructions for mailing the forms.  Make sure you send them to the correct USCIS lockbox.  You cannot e-file a DACA request.  In February of 2016, the agency created a portal to enable DACA applicants to set up an online account to track and manage their cases online. 

Once USCIS receives your application, it will send you a notice scheduling you for a visit to an Application Support Center (ASC) for biometric services.  If you fail to attend your appointment, there is a good chance your application will be denied. 

If the USCIS denies your application for DACA, there is no right to appeal.  The agency’s right to grant or deny a DACA request is discretionary.  That is, you have no right to dispute the decision.  It is the final word.  The only way to dispute a denial is by proving administrative error, and that is very difficult to do.   The point is – don’t mess it up!  Do your homework!  Collect all the necessary documents!  Download the latest version of the forms from the website and fill them out carefully and completely!  Make sure you mail every page of the forms and everything else required to the correct lockbox.  Be careful, pay attention to detail, and be complete.