DACA

(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. 

CRITERIA:
 








                     

                     











    REQUIRED FORMS:

     I – 821 D – Consideration of Deferral Action for Childhood Arrivals
     I-765 – Application for Employment Authorization
     I-765 WS – Worksheet 


     NECESSARY DOCUMENTS: 


    Examples from USCIS of Documents to Submit to Demonstrate you Meet the Requirements


    Proof of identity
    • Passport or national identity document from your country of origin
    • Birth certificate with photo identification
    • School or military ID with photo
    • Any U.S. government immigration or other document bearing your name and photo
    Proof you came to U.S. before your 16th birthday
    • Passport with admission stamp
    • Form I-94/I-95/I-94W
    • School records from the U.S. schools you have attended
    • Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear
    • Travel records
    • Hospital or medical records
    • Employment records (pay stubs, W-2 Forms, etc.)
    • Official records from a religious entity confirming participation in a religious ceremony
    • Copies of money order receipts for money sent in or out of the country
    • Birth certificates of children born in the U.S.
    • Dated bank transactions
    • Automobile license receipts or registration
    • Deeds, mortgages, rental agreement contracts
    • Tax receipts, insurance policies
    Proof of immigration status
    • Form I-94/I-95/I-94W with authorized stay expiration date
    • Final order of exclusion, deportation, or removal issued as of June 15, 2012
    • A charging document placing you into removal proceedings

    Proof of presence in U.S. on June 15, 2012


    and 


    Proof you continuously resided in U.S. since June 15, 2007

    • Rent receipts or utility bills
    • Employment records (pay stubs, W-2 Forms, etc)
    • School records (letters, report cards, etc)
    • Military records (Form DD-214 or NGB Form 22)
    • Official records from a religious entity confirming participation in a religious ceremony
    • Copies of money order receipts for money sent in or out of the country
    • Passport entries
    • Birth certificates of children born in the U.S.
    • Dated bank transactions
    • Automobile license receipts or registration
    • Deeds, mortgages, rental agreement contracts
    • Tax receipts, insurance policies
    Proof of your student status at the time of requesting DACA
    • Official records (transcripts, report cards, etc) from the school that you are currently attending in the United States.
    • U.S. high school diploma or certificate of completion
    • U.S. GED certificate
    Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
    • Form DD-214, Certificate of Release or Discharge from Active Duty
    • NGB Form 22, National Guard Report of Separation and Record of Service
    • Military personnel records
    • Military health records



    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. 


    PROCESS - FROM USCIS : 















    • ​Were under the age of 31 as of June 15, 2012;
    • Came to the United States before reaching your 16th birthday;
    • Have continuously resided in the United States since June 15, 2007, up to the present time;
    • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
    • Had no lawful status on June 15, 2012;
    • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and​
    • ​Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. ​









































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