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DACA 

 

Good News! DACA is back! 

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DACA (Deferred Action for Childhood Arrivals Act) was passed by the Obama Administration in 2012.  The program allows young, undocumented immigrants to legally work in the United States and avoid deportation.

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Certain restrictions imposed by the Trump Administration were struck down. As of December of 2020, new applications for DACA may resume. In addition, applications for DACA and work permits may be renewed every two years instead of every year. 

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Requirements for Initial Applications

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In order to be eligible for DACA, you must have documentation regarding the following requirements

 

  1. Age: 

    • Arrived in the United States before the age of 16

    • Under the age of 31 as of June 15, 2012; 

  2. Status: 

    • Had no lawful status on June 15, 2012

  3. Continuous Presence: 

    • Continuously resided in the US since June 15, 2007 through the present; 

    • Were in the US (i) on June 15, 2012 and (ii) when making your request for consideration of deferred action with the USCIS 

  4. No Criminal Record: 

    • Have not been convicted of (ii) a felony (ii) significant misdemeanor, or (iii) three or more demeanors and (iv) do not otherwise pose a national security or public safety threat 

  5.  Education & Service: 

    • Are currently in school 

    • Graduated or obtained a certificate of completion from high school or GED or 

    • Honorably discharged from a military member 

 

Renewals

 

DACA applicants are eligible for renewal if (a) they did not leave the US on or after August 15, 2012 without advance parole (b) continuously reside in the US since the last application was submitted and approved and (c) no change in criminal record. 

  • Renewal timing: USCIS is currently attempting to process requests within 120 days. 

 

Traveling on DACA

 

USCIS approves travel (“advance parole”) for DACA recipients only if they can demonstrate they need to travel for “humanitarian, education, or employment” purposes. 

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  • Humanitarian: this includes obtaining medical treatment or attending a funeral for a family member, or visiting a family member with declining health

  • Educational: such as academic programs, research, or a study abroad program

  • Employment: overseas assignments, interviews, trainings, meetings, conferences. 

 

Traveling is generally not recommended. Even with the correct forms, some people get when returning to the US. 

 

Fees

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In order to apply for DACA you must fill out a form I-821D. The filing fees are $495. In addition, you must file a form I-765, Application for Employment Authorization in order to be able to work. The filing fee for this form is $410 and biometric fee is $85.   

 

If you have questions about DACA, want to file an application or renewal, call us today at (713) 909 0752  or email at admin@nslawpllc.com to set up a consultation.

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