How to Apply for Deferred Action for Childhood Arrivals (DACA)

How to Apply for Deferred Action for Childhood Arrivals (DACA)

The Obama Administration implemented the Deferred Action for Childhood Arrivals (DACA) program in 2012, primarily to assist children who lack a lawful immigration status through no fault of their own.

Eligibility

The eligibility requirements for DACA were updated in November 2014 and are as follows:

• Must have arrived in the U.S. prior to the age of 16
• Continuous residence in the U.S. for at least five years prior to and including June 15, 2012.
• Must be a high school graduate or have earned a GED certificate, are currently enrolled in high school or a GED program, or are an honorably discharged veteran of the U.S. Armed Forces or U.S. Coast Guard.
• Must not have been convicted of a felony, a serious misdemeanor or multiple misdemeanors, and do not pose a threat to national security or public safety.
• Must be under the age of 30 at the time of application.

In November 2014, the DACA program was expanded under President Obama’s immigration reform program. However, on November 9, 2015, the U.S. Court of Appeals for the Fifth Circuit ruled against the implementation of the expanded DACA program — a decision that the Department of Justice has said it will appeal to the U.S. Supreme Court.

DACA Application Process

To apply for DACA, you are required to submit three USCIS Forms: I-821D, I-765 and I-765W. In addition to these forms, you must pay the required filing fees and provide supporting documentation called for in the forms, including:

• Current proof of identity
• Proof that you entered the U.S. before you turned 16
• Proof of your immigration status
• Proof that you were in the U.S. on June 15, 2012
• Proof that you have lived in the U.S. continuously since June 15, 2007
• Proof that you were a student at the time you requested DACA
• If applicable, proof that you are an honorably discharged veteran of the U.S. military or Coast Guard

Since it can be difficult to prove residency without a Social Security number, it is recommended that you get the proper guidance from a Florida immigration attorney.

According to Pew Research, approximately 702,000 DACA applications were accepted for review from 2012 to 2014; of those, 87% were approved for renewable two-year work permits. These work permits allow DACA recipients to obtain a Social Security number and, in many states, a driver’s license.

If you qualify for deferred action under DACA or DAPA, you need the proper legal guidance to navigate the complicated immigration system in order to stay in the U.S. The best way to accomplish this is to choose an experienced immigration attorney to represent you.

We can help you understand the process for obtaining permanent resident status in the U.S. Contact one of the experienced Florida immigration attorneys at Jurado & Farshchian, P.L. by calling (305) 921-0440, or email us at info@jflawfirm.com.

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