How to Navigate DACA Applications Cases: Step-by-Step

How to Navigate DACA Applications Cases: Step-by-Step

Navigating the Deferred Action for Childhood Arrivals (DACA) application process can feel overwhelming, but understanding the steps involved can make it much more manageable. This guide walks you through the process, eligibility requirements, and key considerations when applying for or renewing DACA status.

What Is DACA?

DACA is a program that allows certain undocumented individuals who came to the U.S. as children to receive protection from deportation and obtain work authorization. It was established in 2012 by the Department of Homeland Security (DHS) to provide temporary relief to eligible individuals.

DACA does not grant permanent residency or citizenship, but it offers renewable two-year periods of deferred action and work permits for qualifying individuals.

Step 1: Determine Your Eligibility for DACA

Before applying, it’s important to confirm that you meet the DACA eligibility criteria. As of October 2023, these requirements include:

• Age Requirements:
• You must have been under 31 years old as of June 15, 2012.
• You must have entered the U.S. before your 16th birthday.
• Continuous Residence: You must have lived in the U.S. continuously since June 15, 2007.
• Physical Presence: You must have been physically present in the U.S. on June 15, 2012, and at the time of applying.
• Education or Military Service: You must be enrolled in school, have graduated, obtained a GED, or be honorably discharged from the U.S. military.
• Criminal Record: You cannot have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors.

Carefully review these criteria and gather any supporting documentation to prove your eligibility.

Step 2: Gather the Required Documentation

To apply for DACA, you’ll need to provide evidence of your eligibility. Commonly required documents include:

• Proof of Identity: A passport, birth certificate, or other government-issued ID.
• Proof of Entry: Documents such as an I-94 form, visa, or school records showing you entered the U.S. before age 16.
• Proof of Continuous Residence: School transcripts, rental agreements, medical records, or tax filings from 2007 to the present.
• Proof of Education or Military Service: A high school diploma, GED certificate, school enrollment records, or military service documents.
• Criminal History Records: If applicable, provide certified court documents for any arrests or charges to show they do not disqualify you.

Organizing these materials ahead of time will help ensure your application is complete and accurate.

Step 3: Complete USCIS Forms for DACA

The DACA application requires filling out specific U.S. Citizenship and Immigration Services (USCIS) forms:

1. Form I-821D: Consideration of Deferred Action for Childhood Arrivals.
2. Form I-765: Application for Employment Authorization.
3. Form I-765WS: Worksheet to explain your economic need for work authorization.

It’s essential to fill out these forms carefully and accurately. Mistakes or omissions can delay processing or lead to a denial.

Step 4: Pay the Filing Fee

As of 2023, the total filing fee for a DACA application is $495, which includes:

• $410 for Form I-765.
• $85 for biometric services (fingerprinting and photo).

USCIS does not currently offer fee waivers for DACA applications, so be sure to budget for this expense.

Step 5: Submit Your Application Package

Once your forms are complete and you’ve gathered your supporting documentation, assemble your application package. Double-check that it includes:

• All completed forms (I-821D, I-765, and I-765WS).
• Required supporting documents.
• Filing fee payment.

Submit your application to the appropriate USCIS mailing address based on your state of residence. Consult the USCIS website to confirm the correct address.

Step 6: Attend Biometrics Appointment

After submitting your application, USCIS will send you a notice to attend a biometrics appointment. During this appointment, your fingerprints and photo will be collected. Be sure to attend the appointment on the scheduled date and bring the required identification.

Step 7: Wait for USCIS Decision

After your biometrics appointment, USCIS will review your application. This process can take several months. During this time:

• Respond promptly to any Requests for Evidence (RFEs) from USCIS.
• Check your case status online using the receipt number on your application notice.

If approved, you will receive a work permit and deferred action status valid for two years.

Tips for a Successful DACA Application

• Stay Organized: Keep copies of all forms and documents you submit.
• Avoid Errors: Double-check all forms for accuracy.
• Seek Assistance: Consult an immigration attorney or accredited legal service provider if you need help.
• Monitor Deadlines: Submit renewals 120–150 days before your current DACA expires.

Frequently Asked Questions

What happens if my DACA application is denied?

If your DACA application is denied, USCIS will provide a written explanation. However, denials cannot be appealed. You may be able to reapply if you correct the issues identified by USCIS.

Can I apply for DACA for the first time in 2023?

Currently, USCIS is only processing DACA renewal applications due to ongoing litigation. First-time applications are not being accepted as of October 2023.

How long does it take to process a DACA application?

Processing times vary but can take several months. Check the USCIS website for the most up-to-date processing times.

Can DACA recipients travel outside the U.S.?

DACA recipients may apply for advance parole to travel abroad for specific purposes, such as education, employment, or humanitarian reasons. Travel without advance parole may result in losing DACA status.

What should I do if my DACA expires?

If your DACA expires, you may lose work authorization and risk deportation. Submit your renewal application 120–150 days before expiration to avoid gaps in coverage.

Disclaimer: This content is provided for informational and educational purposes only and is not legal advice. Use of this article, the app, or the website does not create an attorney–client relationship. Laws vary by jurisdiction and may change over time. The information provided may not reflect the most current legal developments and is provided without any warranties of accuracy or completeness. You should always seek the advice of a licensed attorney or qualified legal professional in your jurisdiction for any legal matter. If you are in an emergency or dangerous situation, please contact law enforcement or call 911 immediately.