(Deferred Action for Childhood Arrivals)
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children who meet certain criteria may request consideration of deferred action for a period of two years, subject to renewal. This is called the Deferred Action for Childhood Arrivals or DACA. If a DACA application is approved the They are also eligible for work authorization.
Deferred action is a discretionary determination to defer removal proceedings of an individual. An individual whose DACA application has been approved and therefore his/her case had been deferred, he/she is not considered to be unlawfully present during the period in which deferred action is in effect. It does not give the DACA applicant lawful status.
I – 821 D – Consideration of Deferral Action for Childhood Arrivals
I-765 – Application for Employment Authorization
I-765 WS – Worksheet
|Proof of identity|
|Proof you came to U.S. before your 16th birthday|
|Proof of immigration status|
Proof of presence in U.S. on June 15, 2012
Proof you continuously resided in U.S. since June 15, 2007
|Proof of your student status at the time of requesting DACA|
|Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.|
Q: If my DACA Application is approved, am I able to work?
A: Yes, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.
Q: If my DACA Application is approved do I obtain lawful status:
A: No. The Approval will protect you from Deportation during the time the DACA is valid. It allows you to be lawfully present in the United States. However, it does not grant you lawful status.
Q: I am currently in removal proceedings, have a final removal order, or have a voluntary departure order, can I still apply for DACA?
A: Yes. DACA is open to any individual as long as you meet the requirements. This includes individuals that have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention).
Q: I have a valid non-immigrant visa (e.g. F-1, E-2), can I apply for DACA?
A: No. DACA is only for individuals who currently have no immigration status and who were no in any lawful status on June 15, 2012.
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