Filing for Deferred Action for Childhood Arrivals (DACA)

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The Alcorn Immigration Law team can help Dreamers file for Deferred Action for Childhood Arrivals (DACA) protection and employment authorization document (work permit).

Our team can also help Dreamers file for DACA renewal.


What’s Deferred Action?

Deferred action is authorization to be in the United States. DACA provides protection to undocumented individuals from deportation and prosecution for being in the United States without a visa or green card. Under DACA, a Dreamer is not considered to be unlawfully present during the period in which deferred action is in effect.  However, deferred action does not confer lawful status and does not excuse any previous or subsequent unlawful presence.


Eligibility Requirements

To be eligible for two-year deferred action, you must meet the following criteria:

  • Were under the age of 31 as of June 15, 2012
  • Came to the U.S. before your 16th birthday
  • Have resided in the U.S. continuously since June 15, 2007 to the present
  • Physically present in the U.S. on June 15, 2012 and at the time of making your request for DACA
  • Had no lawful status on June 15, 2012, which means
    • You never had a lawful immigration status (valid visa, green card, or parole into the U.S. as a refugee) on or before June 15, 2012 or
    • Any lawful immigration status or parole that you obtained prior to June 15, 2012 had expired before June 15, 2012
  • Currently in school, have graduated or obtained a high school completion certificate or a General Education Development (GED) certificate, or are an honorably discharged veteran
  • Not been convicted of a felony, a significant misdemeanor, three or more misdemeanors
  • Do not pose a threat to national security or public safety


Application Process

To apply for DACA, an individual must:

  • Fill out the current version of Form I-821D (Consideration of Deferred Action for Childhood Arrivals).
  • Fill out Form I-765 (Application for Employment Authorization) and Form I-765 Worksheet.
  • Send the forms with the appropriate filing fees to the appropriate USCIS designated location based on where you live and the carrier you use to send your renewal packet.

If you would like to be notified electronically when USCIS receives your forms, complete Form G-1145 (E-Notification for Application/Petition Acceptance) and attach it to the front of Form I-821D.


We Can Help

The Alcorn Immigration Law supports immigration for innovation. We can help you or your family evaluate options that may allow you or your family to stay in the U.S. to pursue your dreams. Contact us.