Deferred Action for Childhood Arrivals (DACA)

Deferred action is a kind of temporary protection from deportation. A person who has been given deferred action has permission from the government to stay in the U.S. for a certain period of time. The person may also be given a work permit that is valid for as long as he/she/they have deferred action.

Not everyone who may qualify for deferred action is given this protection from deportation. Even if you meet the requirements for deferred action, the government still has to decide whether or not to give it to you. Being given deferred action does not put you on the path to permanent legal immigration status or U.S. citizenship.

• You must have come to the U.S. before your 16th birthday.
• You must have lived continuously in the U.S. since June 15, 2007.
• You must not have permission to be in the U.S. You must have entered the U.S. without documents before June 15, 2012, or any legal immigration status you had must have expired before that date.
• You must have been born on or after June 16, 1981.
• You must be at least 15 years old. But if you are in deportation proceedings or have a deportation order and are not in immigration detention, you may apply even if you are not yet 15.
• You must have earned either a high school diploma or GED, be an honorably discharged veteran of the U.S. Coast Guard or armed forces, or “be in school” on the date you submit your application.
• You must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, or be considered a threat to national security or public safety.

IMPORTANT: If you think you may have a crime on your record, you should speak with a lawyer before applying. Free immigration legal consultations available for IVC students. See below for details

All applicants must fill out and submit three forms and provide copies of documents that prove you are eligible. The total cost of the application is $465 in total ($380 for the work permit application and $85 for fingerprints and photo).

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The main form is Form I-821D (Consideration of Deferred Action for Childhood Arrivals). Applicants must also fill out and submit Forms I-765 and I-765WS (Worksheet) to apply for a work permit and document a need to earn an income. After submitting an application the government will send you a receipt notice if your application is complete along with information on where to go to have your fingerprints and photograph taken. Finally, all applicants will receive written notice when a final decision is made on the submitted application.

If you already have DACA, you can apply to renew it. You must meet the following requirements:

•  You must not have traveled outside the U.S. on or after August 15, 2012, without first getting permission (“advance parole”) from the government.
•  You must have lived continuously in the U.S. from the time you submitted your original DACA application until the time you submit your renewal application. 
• You must not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and must not otherwise be considered a threat to national security or public safety. You should submit your renewal application about 150 days (5 months), but no later than 120 days (4 months), before your current DACA and work permit expire. To help you decide when to submit the application, an online calculator is available at www.nilc.org/dacarenewalcalculator.html. To apply to renew DACA, you must fill out and submit the same forms you submitted the first time you applied for DACA: Forms I-821D, I-765, and I-765WS (Worksheet). On Form I-821D, you must answer all the questions except those marked “For Initial Requests Only.” After you submit the application, you may be asked to provide more evidence to verify the information in your application. So it’s a good idea to gather any documents that show that you meet all the requirements for DACA. 

(Information taken from National Immigration Law Center. View full site here.)