What is DACA?
DACA is Deferred Action for Childhood Action, and it was created through the Department of Homeland Security. Certain individuals that came to the US as children and meet several guidelines may be considered for deferred action for two years, subject to renewal. Deferred action does not provide lawful status, but it is the governmental deferment of removal action against an individual for a certain period of time. If you receive a deferment, then you will be eligible for work authorization.
How does the DACA process look like?
- Collect the evidence you meet the guidelines
- Proof of identity, when you came to the US, immigration status, presence and residence in the US on specific dates, student status, and/or discharge from the military.
- Complete USCIS from I-812D, I-765, and I-765WS
- Mail form and fees to USCIS
- Submit biometrics (picture, signature, and fingerprints)
- If USCIS needs additional information, then you may receive a request for Evidence.
- Attend an interview with local USCIS office.
- If approved, then you have deferred action for two years and will be allowed to reapply at the end of that time.
Am I eligible to request DACA?
- You were under the age of 31 as of June 15, 2012;
- You came to the US before reaching your 16th birthday;
- You have continuously resided in the US since June 15, 2007, up to the present time;
- You were physically present in the US on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- You had no lawful status on June 15, 2012;
- You 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.
How long will this process take?
The process varies depending on the USCIS office, but it takes on average 4 to 6 months from the time you submit your application.
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