DACA (Deferred Action for Childhood Arrivals)
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DACA stands for Deferred Action for Childhood Arrivals and allows people who came to the country as children to avoid deportation and receive temporary immigration status.
On June 15, 2012, then-Secretary of Homeland Security Janet Napolitano issued a memorandum titled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” (Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children). Through it, individuals who came to the United States as children, and who meet certain criteria, could request consideration of deferred action for a period of two years and subject to renewal.
This program was known as Deferred Action for Childhood Arrivals or DACA and on September 5, 2017, the Trump administration announced its suspension.
However, a federal judge in the state of California issued a national injunction on January 9, 2019 to resume the DACA program, but only for renewals. A brief summary of initial DACA eligibility is provided below, but it is important to know that starting this year 2019, only those who previously received DACA can apply for renewals.
DACA does not guarantee lawful permanent residence or naturalization as a US citizen.
Individuals previously granted deferred action may request a renewal if it expired on or before September 5, 2016.
For more detailed information, visit the United States Citizenship and Immigration Services website or the Deferred Action for Childhood Arrivals (DACA) section.
Are you eligible for DACA?
People can apply for DACA relief even if they were involved in deportation or removal proceedings, and the conditions are as follows, according to the Department of Homeland Security:
- The alien was under 31 years of age on June 15, 2012;
- The alien arrived in the United States before their 16th birthday;
- The alien has continuously resided in the United States from June 15, 2007 to the present;
- The alien was present in the United States on June 15, 2012, and at the time of making the request to be considered for deferred action with the United States Citizenship and Immigration Services (USCIS);
- The alien entered without inspection before June 15, 2012, or their lawful immigration status expired on that date;
- The alien is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces from the USA;
- The alien does not pose a threat to national security or public safety and has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.
A significant misdemeanor for DACA purposes may be: theft; domestic violence; sexual abuse or exploitation; illegal possession of firearms; driving under the influence; drug distribution or trafficking. In addition, it also applies if the person applying for DACA spent more than 90 days in custody as a result of a sentence. Suspended sentences are not taken into account.
It is important to mention that for the consideration of DACA, it is the United States Citizenship and Immigration Services (USCIS) who maintain the utmost discretion in each individual case.
To find out if you meet the necessary conditions for DACA, consult the table published by the USCIS of the documents that you must present to show that you are eligible.
How to apply for DACA in California
If you are in the state of California, you must submit three different forms to USCIS and supporting documentation. You will also need to pay a fee of $495 that cannot be waived.
The forms you will need are:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
- Form I-765, Application for Employment Authorization (regardless of whether or not you intend to work in the US);
- Form I-765.
This process will take approximately 90 days for you to receive a positive response once Form I-892d has been successfully filed. USCIS will confirm receipt of the application by issuing a Form I-797C, Notice of Action, and the DACA applicant should receive this notice approximately two to three weeks after filing.
If the Form I-821D is incomplete or the alien does not qualify, USCIS may send a rejection of the petition or a request for additional information or evidence.
DACA can be renewed and this request will be considered on a case-by-case basis. If the renewal is approved, you will receive deferred action for another two years. Additionally, if you demonstrate financial need for employment, you may receive employment authorization for that same period.
USCIS recommends that you begin your application renewal process between 150 and 120 days before the expiration date that you can see on your current DACA approval notice and Employment Authorization Document (EAD) for Form I-797.
Important details regarding your DACA
If you wish to renew or obtain your DACA, you should be aware that certain trips abroad may negatively affect your “continuous presence” requirement in the United States, which you need for this process.
However, if you traveled outside of the United States before August 15, 2012, this will have no impact if the trip was brief, casual, and innocent.
Once you obtain deferred action, you will be able to legally work in the United States as you will be issued an employment authorization document, known as an EAD.