DACA is an acronym for Deferred Action for Childhood Arrivals. It is a scheme targeted at the particular class of foreigners, mostly called “DREAMers”, brought to the U.S. as young children and are now living in America without a legal status. DACA does not offer a legal status to these individuals or a direct route to citizenship, but it does offer some temporary protection from deportation to all those qualifying for the scheme. Apart from this, DACA enable the individuals to apply for driver’s licenses, receive social security numbers, and legally work in the US.
The DACA was created in 2012 during president Barack Obama administration. It went through multiple attempts to abolish it in Donald Trump’s presidency. In Dec 2020, a federal judge instructed the administration to start processing DACA applications from new individuals which led to the reinstation of the 2-year renewal period for the currently existing beneficiaries after going through a period of not reveiving any applications.
Even so, there is still much uncertainty in the legal system. In July of 2021, a federal court decision barred fresh applicants for DACA from being granted approval. The Department of Homeland Security (DHS) is still accepting initial applications along with Employment Authorization Document (EAD) requests, however, these preliminary cases cannot be sanctioned owing to the ruling issued by the judge. Individuals who had DACA granted to them before July 16, 2021, are still able to renew their deferred action along with work permits.
DACA Eligible Requirements
According to the American progress, as of March 2020, only around 800,000 people had enrolled for DACA out of 1.8 million that qualified. Applicants need to establish that they have resided uninterruptedly within the American borders to be granted DACA. Even more, the regulations that surround obtaining a DACA are quite strict in terms of confirming an applicant’s educational background and civil standing within American borders. Applicants are expected to meet the following criteria:
1. They have entered the United States before turning 16 years and without acquired legal status.
2. They have never left the U.S since 15th June 2007.
3. They are below the age of 31 years old ever since June 15, 2012, which means the person should have been born on or after June 16, 1981.
4. On June 15, 2012, as well as around the time the person requesting USCIS’ deferred action was submitting their application, they had to be physically present in the United States.
5. The individual has continuously been without lawful status since June 15, 2012.
6. The person must have completed the 12th grade or obtained a General Educational Development certificate or undergone an honorable discharge from the United States Armed Forces or is currently a student.
7. The person has no felony or a serious misdemeanor or 3 or more misdemeanor convictions, and does not pose any risk to national or public safety.
Which of the above items, in their singular or combined form, disqualifies an individual from receiving the benefits offered by the DACA program? The answer comes from the regulations that define the eligibility for this immigration policy. According to the most recent policy update dated April 8, 2015, a person age 31 and younger on the specified date can qualify for the privilege of protection and benefits made available under the DACA policy. In spite of the fact that DACA’s future is still highly dependent on legislation and court decisions, it has a really important position when it comes to protecting young immigrants who have made a life in the US.
DACA: Its History
DACA, or Deferred Action for Childhood Arrivals, is a program that provides legal status to young immigrants residing in America, however it was created in response to the failed attempts in Congress to push the DREAM ACT. This particular act was intended to help a subsection of undocumented immigrant youth acquire legal status but it was unfortunately vetoed. In the year of 2012, President Barack Obama took executive action, hoping to alleviate some of these concerns in American immigration policy by introducing DACA as a bandage solution for the “Dreamers” problem.
Under the original DACA policy, participants were able to receive a legal work permit and protections against deportation for a renewable two year period. The factors determining eligibility were as follows:
Eligibility Criteria
– Must be of age 31 or younger by June 15, 2012
– Must have moved to America before the age of 16
– Must have continuously resided in America Since 2007
By following this criteria, DACA was able to prove that the applicant had roots in America and followed the legal vetting process by providing conduct assurances Through work permits.
The Trump government declared in September 2017 that they are starting to end DACA. Still, the program could not be fully shut down due to a number of legal issues. The 2020 US Supreme Court deemed that DACA’s termination attempt from the White House was ‘arbitrary and capricious’ in nature, which broke federal administrative law. However, under the command of President Trump, some changes were made to became effective such as:
– Cutting the renewal timeframe from 2 years to 1 year.
Narrowing the window in which renewals can be submitted, 150-120 days before the expiration date of the work permit.
– All DACA applications that are new are rejected.
– Allowing only a handful of DACA recipients to leave the country for other than exceptional circumstances. In doing so, the previous practice of issuing advance parole for international travel to educational, humanitarian, or employment purposes was halted.
In November 2020, a judge in New York determined that the acting secretary of the DHS, Chad Wolf was not in a position to make those changes so all of those restrictions were thrown out. Just one month after, another federal court decision allowed first-time applicants to once again be able to apply for DACA. In January 2021, President Joe biden passed an executive order to protect and further the program. He has plans to extend the immigration agenda including citizenship for a broader scope of undocumented immigrants and not just DACA recipients.
Applying for DACA for the First Time
If you are looking to apply for DACA for the first time, keep in mind there are processes that confirm your identity, educational or military background and active residency within the US. Here are the steps that all potential applicants need to follow:
1. Fill out the relevant documents:
In order to be considered for DACA, you will need to submit Form I-821D, also known as consideration of Deferred Action for Childhood Arrivals, alongside Form I-765 which is the application for Employment Authorization. These forms allow you to get a green card or work visa tailored to your specific needs.
2. Make the Necessary Payments and Send your Application:
Currently, total cost of the application is $495, which also covers a biometrics fee of $85. Miposts of completed forms, supporting documents alongside with the payment should be sent to the relevant USCIS filing address. If your submission is correct and well prepared it is likely to be approved in a timely fashion.
3. Schedule and Attend a Biometrics Appointment:
After your application is received, USCIS will send you an appointment for biometrics at the nearest Application Support Center. Your appointment will involve capturing your fingerprints and photographs, which along with your signature will help in confirming your identity and running a background check.
Essential Documents for a DACA Application
In your DACA application, documentation is needed that prove Identity, your existence in the United States, and your education or military service. In general, these documents are crucial in determining whether or not you qualify:
1. Proof of Identity:
Some of the things that can be used include; Current passport, photo ID birth certificate, State ID, school ID, military ID, and driver’s license.
2. Proof of Arrival Before Age 16:
Documents such as military ID, old passport with entry stamp from America, Form I-94, and other immigration proofs from the defunct INS, travel history, school or college report cards, and religious documents can be submitted.
3. Proof of Residence if you Exited and Entered Again:
If you are coming back to America after an absence, there is an obligation to validate that you didn’t leave after your 16th birthday. These can be proof of residency like School records, job records, income tax reports, and other bank transactions.
4. Evidence That You Have Resided In The Country Continuously Since June 2007:
To provide proof that you have been living in the USA since June of 2007, you may be required to present additional documents such as a combination of payslips, utility bills, evidence from employers, tax returns, school reports, medical documents, receipts of money orders sent or paid, your birth certificates if you have children born in the United States, records or statements of transactions at the bank, vehicle registration or titles, and policies of insurance.
5. Evidence Of Casual and Brief Removals Since 2007:
For travel that is not permanent, one is expected to prove that their time away from the country was short and normal. This might comprise plane tickets that were acquired, passport stamps, hotel bookings and other travel documents which are able to serve the purpose of a declaration and explain the travel and the period of time the person was away from the country.
6. Evidence Of Being In The USA During Period Between June 15, 2012 And Now:
Avoiding documentation concerning school, birth certificates, invoices of foreign money transfers or passports are unlikely to be useful in determining whether or not one lived in the United States on June 15, 2012 and the purposes of these records is to prove ones existence during that crucial time. The other documents required are receipts of rent, payslips, school documents, IDs, medical documents, insurance documents and bank statements.
7. Evidence Of Illegal Status On June 15, 2012:
You may be required to submit an I94 form, ‘entry and departure record’, that has expired, or any issuance or deportation order that was finalized on or after June 15, 2012, or any form of documentation from Department of Homeland Security with the information on detention cases.
8. Educational or Military Requirements Submission Evidence:
With documents like enrollments, diplomas, GEDs, military discharge documentation, and more, you can demonstrate your enrollment in school, your graduation, or your service in the US Army or Coast Guard.
9. Discharged Military Documentation Submission Evidence:
To claim an honorable discharge status from the military services, keep a military personnel or health file to back your claim.
10. Removal Proceedings Documentation Submission Evidence:
In case you have ever undergone deportation or removal proceedings, it is crucial that you submit a copy of the deportation order, related immigration judge orders, or the final BIA decision.
11. Criminal History Documentation:
If you have ever been arrested, submit official documentation from the arresting agency even if no charges were filed against you. In the event that you were charged or convicted, include an original or court certified document of the full arrest records alongside the details of the arrests. For records that were sealed, cleared, or dismissed, submit the original or court certified copies of the orders for these actions, as well.
How to Renew Your Daca Status
Regardless of the recommended approach, renewing your fit for DACA will always involve completing the necessary documents in addition to submitting the updated records and the required payment, as well. In the case that you are filing for a renewal, make sure that the submission’s time, date, and file itself is correct. Ensuring the supporting documentation is all present is key as well. Following these steps beforehand can result in the absence of unfulfilled requests for information or additional delays.
Necessary Forms and Documents
If you wish to renew your DACA, it is necessary for you to fill out and sign both Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and Form I-765 (Application for Employment Authorization). Along with these forms, you may need to include:
– Updated Removal Proceeding Records: If there have been any changes in your deportation or removal proceedings since your initial DACA application, you must provide evidence of these updates.
– Additional Criminal History Documentation: If you are dealing with any legal issues or charges that arose since the last DACA grant, you must provide pertinent papers that relate to your case.
Filing Tips and Fees
We recommend the clients to pay their renewal fees, which total in $495 for processing and biometrics, with their application. In order to prevent common pitfalls, USCIS highly advises:
– Submitting the application as far in advance as possible before expiration, ideally between 120 and 150 days.
– Making sure the application forms are all signed in addition to being completely filled out with the correct supporting documents.
– Paying particular attention to the rest of the packet to ensure correctness and accuracy in fee payment.
Requirements for Earners of DACA Permit for Renewal
1. No Departures Without After August 15, 2012: A valid form of travel authorization must be obtained before leaving the US after 8/15/2012. Hence, you must confirm not unauthorized departments since these events whether legal or illegal will greatly alter your eligibility compliance status.
2. Clean Criminal History: Three misdemeanors or one major felony, along with one medium misdemeanor is the threshold for years of prison sentences. Considered a threat to public and national safety too renders one ineligible.
As long as you confirm adherence to above examples, you will establish eligibility. Furthermore, your chances of getting a Daca renewal over other candidates is really high if you thoroughly document and submit supporting documents while accurately completing the necessary forms. Timeliness too is of absolute essence. Clearly with such crimes and public safety risk activities, setting in motion, attention to detail during early preparations will lead to a boost in self efficacy.
