DACA – Deferred Action for Childhood Arrivals
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PPID Immigration Law attorneys can you further understand your rights under DACA. Here are some general program details:
DACA, or Deferred Action for Childhood Arrivals, is a U.S. immigration policy that provides temporary protection from deportation and work authorization to undocumented immigrants who were brought to the country as children, often referred to as “Dreamers.” To be eligible, individuals must have arrived in the U.S. before a certain age and meet various educational, residency, and criminal background criteria. Approved recipients are granted renewable periods of relief from deportation, allowing them to legally work and study in the United States, though it does not provide a pathway to permanent residency or citizenship.
The DREAM Act — Several times, members of Congress have introduced the Development, Relief and Education for Alien Minors (“DREAM”) Act in order to provide protection for undocumented individuals whose parents brought them to this country as minors. Though efforts continue, legislation has not been passed yet.
Applications and renewal requests — DACA decisions are made on a case-by-case basis, commencing with the filing of Form I-821D. There is a non-waivable $495 fee and the form for employment authorization must be filed at the same time. Upon approval, DACA protection lasts for two years and can be renewed starting 150 days before expiration.
Who qualifies — To qualify, you must have been younger than 16 when you entered the United States and younger than 31 when the policy was established on June 15, 2012. You must be in school or have a high school diploma or a General Educational Development (GED) certificate. You can also qualify if you have served in and were honorably discharged from the U.S. military or Coast Guard. You are not eligible if you are a convicted felon or have committed a significant misdemeanor or three or more minor misdemeanors.
The acceptance of individuals into the DACA program is influenced by several key factors:
Age and Arrival Date: To be eligible for DACA, individuals must have arrived in the United States before turning 16 and must have been under the age of 31 as of June 15, 2012. The age and arrival date determine whether the person falls within the specified age range for DACA consideration.
Continuous Residence and Physical Presence: Applicants must demonstrate continuous residence in the U.S. since June 15, 2007, up to the present. This means they should have been physically present in the U.S. for a specific period without any extended absences that might disqualify them from the program. Meeting this requirement verifies the length of time they’ve been residing in the U.S.
Educational and Criminal Background: DACA applicants should have graduated from high school, obtained a GED, or been honorably discharged from the U.S. military. Additionally, they must not have been convicted of a felony, significant misdemeanor, or multiple misdemeanors. Meeting these criteria is essential to demonstrate their commitment to education and a clean criminal record.
These three factors, along with other eligibility requirements, play a crucial role in determining whether an individual can qualify for DACA and receive temporary protection from deportation and work authorization.
