Daca Immigration: Application Process And Legal Support

Deferred Action for Childhood Arrivals (DACA) is a policy that allows certain individuals who meet program requirements to get request a grant of deferred action. Individuals who are granted DACA are able to renew their grant and are eligible for work authorization.

To apply for DACA, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to the U.S. Citizenship and Immigration Services (USCIS). You must also submit Form I-765, Application for Employment Authorization, the required Form I-765 filing fee, and Form I-765WS, Worksheet, establishing your economic need for employment.

To be eligible for DACA, you must meet the following criteria:

- Be under the age of 31 as of June 15, 2012 (born on or after June 16, 1981)

- Have come to the United States before reaching your 16th birthday

- Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA

- Have been physically present in the United States on June 15, 2012, and at the time you filed your request for DACA with USCIS

- Have had no lawful immigration status on June 15, 2012, and at the time you filed your request for DACA

- Be currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or be an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States

- Not have been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

Eligibility requirements

To be eligible for the Deferred Action for Childhood Arrivals (DACA) program, you must meet the following requirements:

• You were under the age of 31 as of June 15, 2012 (i.e., born on or after June 16, 1981).
• You came to the United States before reaching your 16th birthday.
• You have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA.
• You were physically present in the United States on June 15, 2012, and at the time you filed your request for DACA with USCIS.
• You had no lawful immigration status on June 15, 2012, and at the time you filed your request for DACA. This means that you never had lawful immigration status on or before this date, or any lawful status you had expired before June 15, 2012.
• You are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the U.S. Coast Guard or Armed Forces of the United States.
• You have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and you do not otherwise pose a threat to national security or public safety.

DACA is a policy that allows certain individuals who meet the above program requirements to request a grant of deferred action and obtain work authorization. It is important to note that renewal of DACA status is not automatic, and individuals must follow specific procedures to maintain their status. Additionally, DACA recipients should be aware of ongoing legal challenges to the program, which may impact their status and benefits.

Application forms

To apply for DACA, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to USCIS. You must complete this form, sign the form, and include the required filing fee.

With Form I-821D, you must also submit Form I-765, Application for Employment Authorization, the required Form I-765 filing fee, and Form I-765WS, Worksheet, establishing your economic need for employment. You can find the filing fees for Forms I-821D and I-765 by visiting the USCIS Fee Schedule page.

If you are making an initial DACA request, you must file your request for consideration of DACA at the USCIS Lockbox. You can find the mailing address and instructions on the Form I-821D webpage.

After USCIS receives your Form I-821D, Form I-765, and Form I-765 Worksheet, they will review them for completeness, including submission of the required fee, initial evidence, and supporting documents (for initial filings). Pursuant to current court orders, USCIS is accepting initial DACA requests but cannot adjudicate them at this time.

If you are submitting a renewal DACA request, you may file your request at the USCIS Lockbox or online. DACA recipients may submit a DACA renewal request online by creating a USCIS online account, which provides a convenient and secure method to submit forms, pay fees, and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to create an account.

USCIS's current goal is to process DACA renewal requests within 120 days. You may submit an inquiry online about the status of your renewal request after it has been pending for more than 105 days.

Factors that may affect the timely processing of your DACA renewal request include:

• Failing to appear at an ASC for a scheduled biometrics appointment to obtain fingerprints and photographs.
• Issues of national security, criminality, or public safety discovered during the background check process that require further vetting.
• Issues of travel abroad that need additional evidence or clarification.
• Name or date of birth discrepancies that may require additional evidence or clarification.
• A renewal submission that is incomplete or contains evidence that suggests a requestor may not satisfy the DACA renewal guidelines, and USCIS must request additional evidence or an explanation.

Supporting documents

The following documents are required to support your application for DACA:

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals: This form must be completed, signed, and submitted to USCIS. It is important to use the most current version of the form, which can be found on the Form I-821D webpage.
• Form I-765, Application for Employment Authorization: This form must be submitted along with Form I-821D. It is required to establish economic necessity for employment, which is a criterion for DACA approval.
• Form I-765WS, Worksheet: This worksheet must be submitted with Form I-765 to provide additional information on your economic need for employment.
• Filing fees for Forms I-821D and I-765: The required filing fees for both forms must be included with your application. Fee waivers or exemptions are generally not available for DACA requests, but limited exemptions may be granted under specific conditions, such as serious financial hardship or accumulated medical debt.
• Supporting documentation: Various documents are needed to prove that you meet the eligibility criteria for DACA. These documents may include, but are not limited to, passports, birth certificates, school records, military records, employment records, tax receipts, and proof of residence. The specific documents required will depend on your individual circumstances and the criteria you need to fulfil.

It is important to carefully review the instructions for Form I-821D and ensure you are providing all the necessary supporting documentation. Failure to submit the required documents may result in delays or denial of your DACA application.

Application fees

As of April 1, 2024, the U.S. Citizenship and Immigration Services (USCIS) has increased filing fees for many applications for immigration benefits, including DACA renewals and advance parole. The total cost of renewing your DACA and work permit has increased from $495 to either $555 (for online filings) or $605 (for paper filings). The new fees are as follows:

• I-765 Work Permit: $410 (previously $410)
• I-821D DACA renewal: $85 (no change)
• I-765 Work Permit: $470 (previously $410)
• I-821D DACA renewal: $85 (no change)

The total cost for online filings is $555, while the total cost for paper filings is $605. It is important to note that submitting a renewal earlier than 4-5 months ahead will not speed up the process.

The fee for Form I-821D can be found on the USCIS Fee Schedule page. The filing fee for Form I-765 must also be included. Payment methods accepted include money order, personal check, cashier’s check, credit card, or debit card using Form G-1450, Authorization for Credit Card Transactions. Checks should be made payable to the U.S. Department of Homeland Security. It is important to note that filing fees are final and non-refundable, and if you pay by credit or debit card, you cannot later dispute the payment.

If you are submitting multiple forms, each filing fee must be paid separately. USCIS is transitioning to electronically processing immigration benefit requests, which requires the use of multiple systems to process packages. Your entire package may be rejected if you submit a single, combined payment for multiple forms.

Application processing times

The processing times for DACA applications vary widely. The U.S. Citizenship and Immigration Services (USCIS) is currently not processing new DACA applications due to ongoing litigation, but it processes DACA renewals in an average of 13 months.

The time it takes to process a DACA application depends on several factors, including the COVID-19 pandemic, the USCIS backlog, and the service center or field office handling the application. The California Service Center and the Vermont Service Center process initial DACA applications, while the Nebraska Service Center and the Vermont Service Center handle renewals.

Between 2018 and 2021, the average processing time for new DACA applications was 7.6 months, while the average processing time for renewals was 1.1 months. For work authorization applications (Form I-765), the average processing time over the same period was 1.2 months.

If your application is taking longer than the normal processing time, you can check your case status online using the receipt number from your application receipt notice. If your application is outside the normal processing time, you can contact the USCIS National Customer Service Center (NCSC) to request additional information.

It is important to note that USCIS occasionally stops processing DACA forms due to policy changes, so applicants should refer to the USCIS DACA page for the latest information.

Frequently asked questions