How to Apply for U.S. DACA (Deferred Action for Childhood Arrivals)

The Deferred Action for Childhood Arrivals (DACA) program was introduced in 2012 to protect eligible undocumented individuals who arrived in the United States as children from deportation. DACA provides temporary protection from removal and allows recipients to obtain work permits, social security numbers, and access certain benefits. While DACA does not grant legal immigration status, it offers an opportunity for recipients to live and work in the U.S. without fear of deportation.

This comprehensive guide explains how to apply for DACA, covering eligibility criteria, application steps, required documents, fees, and important updates.

What Is DACA?

DACA is an immigration policy that provides:

• Protection from Deportation: For renewable two-year periods.
• Work Authorization: Allowing recipients to work legally in the U.S.
• Social Security Number (SSN): To access financial services and government programs.

DACA is available to certain undocumented individuals known as “Dreamers” who meet specific criteria related to age, education, and residency.

Who Is Eligible for DACA?

To apply for DACA, you must meet the following criteria:

1. Age Requirements

• Arrived in the U.S. before your 16th birthday.
• Were under the age of 31 as of June 15, 2012.
• At least 15 years old at the time of application, unless you’re in removal proceedings, have a final removal order, or a voluntary departure order.

2. Residency Requirements

• Continuously resided in the U.S. since June 15, 2007, up to the present.
• Physically present in the U.S. on June 15, 2012, and at the time of filing your application.

3. Education and Military Service

You must meet one of the following:

• Currently in school.
• Graduated from high school or obtained a GED certificate.
• Honorably discharged veteran of the U.S. Armed Forces or Coast Guard.

4. Criminal History

• No felony convictions, significant misdemeanors, or three or more misdemeanors.
• Not a threat to national security or public safety.

Step-by-Step Guide to Applying for DACA

Step 1: Gather Required Documents

You’ll need to provide evidence to support your eligibility.

A. Proof of Identity

• Passport from your country of origin.
• Birth certificate with photo ID.
• National ID card with photo.
• School or military ID with photo.

B. Proof of Entry to the U.S. Before Age 16

• I-94 arrival/departure record.
• Passport with entry stamp.
• School records.
• Medical records.

C. Proof of Continuous Residence Since June 15, 2007

• School transcripts.
• Utility bills, lease agreements, or bank statements.
• Employment records or pay stubs.

D. Proof of Physical Presence on June 15, 2012

• Rent receipts, dated letters, or pay stubs.
• School records showing attendance on that date.

E. Proof of Education or Military Service

• High school diploma or GED certificate.
• Current school enrollment verification.
• Military discharge papers (if applicable).

Step 2: Complete the Required Forms

A. Form I-821D – Consideration of Deferred Action for Childhood Arrivals

• This is the primary application form where you provide personal details, background information, and eligibility criteria.

B. Form I-765 – Application for Employment Authorization

• Required to request permission to work in the U.S.

C. Form I-765WS – Worksheet

• Explains your financial need for employment authorization.

Where to Find the Forms?

Download the latest forms from the USCIS website.

Step 3: Pay the Application Fee

• Total Cost: $495
  • $410 for the Employment Authorization Document (EAD).
  • $85 for biometric services (fingerprinting).

Payment Methods:

• Check or money order payable to “U.S. Department of Homeland Security.”
• Credit card payment using Form G-1450 (Authorization for Credit Card Transactions).

Step 4: Submit Your Application

Mail your completed forms, supporting documents, and payment to the appropriate USCIS Lockbox facility based on your state of residence. Check the latest filing addresses on the USCIS website.

Mailing Tips:

• Use a secure mailing service (e.g., USPS with tracking).
• Make copies of everything before sending.

Step 5: Attend the Biometrics Appointment

After submitting your application:

• USCIS will send you a biometrics appointment notice (Form I-797C).
• Attend the appointment at a local Application Support Center (ASC) to provide fingerprints, a photo, and a signature.

Step 6: Wait for USCIS Decision

USCIS will review your application and may:

• Approve your DACA request and work permit.
• Request additional evidence (RFE).
• Deny your application (if eligibility criteria are not met).

Processing Time:

Typically 4–6 months, but it may vary based on workload.

DACA Renewal Process

If you’re an existing DACA recipient:

• File for renewal 120–150 days before your current DACA expires.
• Submit Forms I-821D, I-765, and I-765WS again.
• Pay the $495 fee.

Renewal Requirements:

• Continuous residence in the U.S. since your last DACA approval.
• No disqualifying criminal convictions.
• No departure from the U.S. without advance parole.

Legal Challenges and Policy Updates

DACA has faced legal challenges in recent years. As of 2024:

• USCIS is accepting DACA renewal applications.
• Initial DACA applications are currently restricted due to ongoing court cases.

Stay updated on policy changes through:

• USCIS DACA Page
• Immigration Legal Resource Center (ILRC)
• Trusted immigration attorneys or legal aid organizations.

Travel Outside the U.S. with DACA

You cannot travel outside the U.S. without prior approval through Advance Parole.

• Eligible Reasons for Travel:
  • Educational purposes (study abroad).
  • Employment-related reasons.
  • Humanitarian grounds (e.g., family emergencies).

How to Apply for Advance Parole:

• File Form I-131 with supporting documents.
• Pay the required fee.

Important: Traveling without Advance Parole can result in losing your DACA status.

Common Mistakes to Avoid

1. Missing Deadlines: Always submit renewals on time to avoid gaps in protection.
2. Incomplete Applications: Double-check all forms for accuracy and completeness.
3. Failure to Provide Supporting Documents: Include all required evidence to support your application.
4. Not Keeping Copies: Always keep copies of submitted documents for your records.
5. Relying on Unlicensed Consultants: Work with licensed immigration attorneys or reputable organizations.

Resources for DACA Applicants

• USCIS DACA Page: www.uscis.gov/daca
• United We Dream: www.unitedwedream.org
• Immigration Legal Resource Center (ILRC): www.ilrc.org
• National Immigration Law Center (NILC): www.nilc.org

FAQs About Applying for DACA

1. Can I apply for DACA if I’ve never applied before?

As of 2024, initial DACA applications are limited due to legal restrictions. Check the latest updates on the USCIS website.

2. How long does DACA last?

DACA is valid for two years and can be renewed indefinitely, subject to changes in immigration policy.

3. Can I apply for financial aid with DACA?

DACA recipients are not eligible for federal financial aid but can apply for state-based aid, private scholarships, and institutional grants.

4. Does DACA lead to permanent residency or citizenship?

No. DACA does not provide a pathway to permanent residency or citizenship. However, recipients may pursue other immigration options if eligible.

5. Can I work legally in the U.S. with DACA?

Yes. Approved DACA recipients receive an Employment Authorization Document (EAD), allowing them to work legally.

Conclusion

Applying for DACA can be life-changing, offering protection from deportation and opportunities to work, study, and contribute to your community. By carefully following the application process, providing accurate documentation, and staying informed about policy changes, you can navigate the system successfully.

For legal advice or assistance, consult with a trusted immigration attorney or accredited organization specializing in DACA cases.