What to Expect During a DACA Applications Process

What to Expect During a DACA Applications Process

The Deferred Action for Childhood Arrivals (DACA) program offers eligible individuals temporary protection from deportation and work authorization in the United States. If you’re planning to apply for or renew DACA, understanding the process can help you navigate it with confidence. Below, we’ll break down each step of the DACA application process, key requirements, and what you should expect.

Who Can Apply for DACA?

To apply for DACA, you must meet specific eligibility criteria established by the U.S. Citizenship and Immigration Services (USCIS). These include:

1. Age Requirements: You must have been under 31 years old as of June 15, 2012, and at least 15 years old at the time of filing (unless you are in removal proceedings).
2. Arrival in the U.S.: You must have arrived in the U.S. before your 16th birthday.
3. Continuous Residence: You must have continuously resided in the U.S. since June 15, 2007.
4. Education or Military Service: You need to be currently in school, have graduated from high school, obtained a GED, or been honorably discharged from the military.
5. Criminal Record: You must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and you must not pose a threat to public safety or national security.

Step-by-Step Overview of the DACA Application Process

1. Prepare Your Application

The first step involves gathering the necessary forms and supporting documents. You will need:

• Form I-821D: Consideration of Deferred Action for Childhood Arrivals
• Form I-765: Application for Employment Authorization
• Form I-765WS: Worksheet explaining your need for employment
• Supporting documents proving eligibility, such as:
• Proof of identity (e.g., passport, birth certificate)
• Proof of arrival and continuous residence in the U.S.
• School records, diplomas, or military service records
• Evidence of no disqualifying criminal record

2. Pay the Filing Fee

As of October 2023, the total filing fee for DACA is $495, which covers the application and biometrics fees. USCIS does not currently offer fee waivers for DACA applicants.

3. Submit Your Application

Once you’ve completed the forms and gathered all supporting documents, mail your application packet to the appropriate USCIS lockbox facility. Double-check the mailing address on the USCIS website to ensure accuracy.

4. Attend the Biometrics Appointment

After USCIS receives your application, you will be scheduled for a biometrics appointment. At this appointment, your fingerprints, photograph, and signature will be collected for a background check. Be sure to bring the appointment notice and a valid photo ID.

5. Application Review

USCIS will review your application to verify eligibility. This process may take several months, depending on case volume and complexity. You can check your case status online using the receipt number provided by USCIS.

6. Receive a Decision

If your application is approved, you will receive a notice of deferred action and an Employment Authorization Document (EAD). If denied, USCIS will explain the reasons for the denial, but you cannot appeal the decision. You may, however, reapply if you believe you meet all eligibility requirements.

How Long Does the DACA Process Take?

Processing times for DACA applications can vary, but it typically takes 4 to 8 months from the time USCIS receives your application to the issuance of a decision. Factors such as application errors, missing documents, or high application volumes may cause delays.

Tips for a Smooth DACA Application Process

• Double-Check Your Application: Ensure all forms are complete and accurate to avoid delays or denials.
• Keep Copies of Everything: Retain copies of all forms, supporting documents, and correspondence with USCIS.
• Submit Early: If renewing, submit your application at least 150 days before your current DACA status expires.
• Stay Informed: USCIS policies and regulations can change. Regularly check the USCIS DACA page for updates.

Frequently Asked Questions

What documents do I need for a DACA application? You need proof of identity, arrival in the U.S., continuous residence, education or military service, and evidence of a clean criminal record. USCIS requires forms I-821D, I-765, and I-765WS.

How much does it cost to apply for DACA? As of October 2023, the DACA application fee is $495. This includes fees for both the application and biometrics.

Can I renew my DACA status? Yes, you can renew DACA. It’s recommended to apply for renewal 120–150 days before your current status expires.

What happens if my DACA application is denied? If denied, you cannot appeal the decision. However, you may reapply if you believe you meet the eligibility criteria. Seek legal guidance if you’re unsure.

Does DACA provide a path to citizenship? No, DACA is not a pathway to citizenship. It only provides temporary protection from deportation and work authorization.

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.