A DACA Lawyer’s Comprehensive Guide for Dreamers and Prospective Applicants
DACA offers a beacon of hope for many young immigrants. Implemented to protect those who entered the United States unlawfully as minors, DACA does not grant official legal status but does provide significant benefits.
By understanding the intricacies of DACA and following the right application procedures, eligible individuals can seek the benefits they deserve. Francis Law Center provides comprehensive services for DACA “Dreamers” and applicants.
What is DACA?
DACA (Deferred Action for Childhood Arrivals) is a unique policy crafted to shield eligible young immigrants from potential deportation. While not offering a formal route to U.S. citizenship, it empowers them with opportunities such as work permits, protecting them, and granting a semblance of normalcy in their everyday lives.
This initiative has been instrumental in transforming the lives of countless “Dreamers,” allowing them to pursue education, career, and life goals without the constant threat of deportation.
The History of DACA
Initiated by President Obama in 2012, DACA emerged as a response to the struggles of many young immigrants brought to the U.S. at an early age. These dreamers, often deeply integrated into American society, were at risk due to their undocumented status.
Over the years, DACA has faced challenges, including attempts to dismantle it, but it remains a significant beacon of hope for many, especially given its resilient nature under varying administrations.
Eligibility for DACA
To qualify for DACA, applicants must meet certain criteria:
- Age at Entry: Entered the United States unlawfully before turning 16 years old.
- Residency: Have been living continuously in the U.S. since June 15, 2007.
- Age on June 15, 2012: Were under the age of 31 on June 15, 2012. This means they were born on or after June 16, 1981.
- Presence during Request: Were physically present in the U.S. on June 15, 2012, and during the time of their deferred action request with U.S. Citizenship and Immigration Services (USCIS).
- Lawful Status: Had no lawful status on June 15, 2012.
- Education/Military Status: Completed high school, achieved a GED, received an honorable discharge from military service, or are currently enrolled in an educational institution.
- Criminal Record: Have no felony convictions, no major misdemeanors, and no more than two other misdemeanors on record. They should also not pose a threat to national security or public safety.
Benefits of Acquiring DACA Status
Gaining DACA status comes with many advantages. Recipients are often relieved from the looming threat of deportation, which is a significant weight off their shoulders. Additionally, it provides opportunities to legally work, allowing individuals to build careers and contribute positively to the U.S. economy.
The possibility to pursue higher education, acquire a driver’s license, and have a social security number further integrates DACA recipients into American society, enriching their lives and the community.
Filing for DACA
Each DACA journey is unique, and the application process varies depending on whether you’re applying for the first time or seeking renewal. Knowing the right steps to take is essential for success.
First-Time Applicants
[NOTE: USCIS is not allowed to adjudicate the first time application at this time]
- Eligibility: Ensure you meet all the eligibility criteria.
- Form I-821D: Complete this form to request consideration of deferred action.
- Form I-765: Complete this form to request employment authorization.
- Document Gathering: Collect all necessary supporting documents that prove your identity, prove you came to the U.S. before your 16th birthday, demonstrate you lived in the U.S. from June 15, 2007, to the present, etc.
- Biometrics Appointment: You may receive an appointment notice for biometrics services after submitting your application.
- Fees: Pay the necessary fees, which include a biometrics charge.
Renewal Applicants
- Timing: The U.S. Citizenship and Immigration Services (USCIS) recommends initiating the renewal process between 120 and 150 days before your current DACA status expires.
- Form I-821D: Complete this form to request the renewal of deferred action.
- Form I-765: Just like first-time applicants, renewals must complete this form to request continued employment authorization.
- Document Gathering: For renewals, applicants typically do not need to provide extensive documentation unless there have been significant changes or USCIS requests additional documents.
- Fees: Renewal applicants must also pay the necessary fees, including the biometrics charge.
Common Challenges in Obtaining DACA Status
The DACA landscape, while promising, has its complexities. Applicants often find themselves navigating through policy shifts and ever-changing legal nuances. Misinterpreting complex application questions or inadvertently overlooking essential documentation like birth certificates or proof of continuous U.S. residence can result in unforeseen complications.
Delays can further deter applicants, whether due to administrative backlogs or individual missteps. Furthermore, staying informed and updated remains a continual challenge, given the dynamic nature of immigration policies.
An attorney well-versed in DACA is invaluable and fully informed on the latest policies and regulations.
DACA Frequently Asked Questions
Navigating the intricacies of DACA can be complex. Below are some commonly posed questions and answers to clarify the process and provisions of the policy.
What Is Deferred Action?
Deferred action is a discretionary measure that temporarily refrains from deporting certain individuals.
While it doesn’t offer lawful status, it does defer any removal action for a specific period, typically two years, which can be renewed.
I’m a Current DACA Recipient. What Implications Does the DACA Final Rule Have on Me?
The DACA Final Rule primarily seeks to reinstate the DACA policy to its original form before attempts to dismantle it.
If you’re a current DACA recipient, you can continue to renew your DACA status and enjoy its benefits, such as work authorization.
How Does “Deferred Action” Differ from DACA Under 8 CFR 236.21-236.25?
While DACA is a specific program under “deferred action,” the cited regulations primarily deal with the detention and release of certain aliens.
Conversely, DACA is more about providing work authorization and protection from deportation for eligible young immigrants.
Am I Eligible for Employment Authorization if My Removal is Deferred Under the DACA Final Rule?
According to the guidelines in 8 CFR 274a.12(c)(33), if you are granted DACA under the Final Rule, you are eligible to seek employment authorization.
However, you must demonstrate a financial need to work.
Am I Considered to be in Lawful Status During the Deferment Period?
While DACA provides protection from deportation and allows you to work legally, it does not give you a lawful immigration status.
However, when your case is deferred, the U.S. government formally recognizes that you should not be considered for deportation.
Navigating DACA with Francis Law Center
Embarking on the DACA journey can be filled with nuances and potential pitfalls. But with the right guidance from a skilled DACA lawyer, the path becomes clearer. Francis Law Center, with a presence in Chicago, IL, Naperville, IL, Schaumburg, IL, and Madison, WI, is poised to offer the expertise and commitment required to help dreamers and prospective applicants find their way.
DACA is more than just a policy; it’s a lifeline for many who call America home. Being well-informed is paramount, and Francis Law Center is committed to providing the knowledge, support, and representation you need.
Reach out to the Francis Law Center today, and let’s navigate the DACA journey together.
