Are you a Dreamer who wants to live and work legally in the United States? Deferred Action for Childhood Arrival (DACA)* allows individuals who were brought to the U.S. as children to obtain 2-year legal status and work permits. With DACA, you cannot be deported.
How to do it?
As a DACA applicant, you must file forms I-821D, I-765, and I-765WS with supporting documents to USCIS. Alcorn can help.
Am I eligible?
You may apply for DACA status if you can meet the following requirements:
- You were under the age of 31 on June 15, 2012;
- You came to the U.S. before reaching your 16th birthday;
- You have continuously resided in the U.S. since June 15, 2007, up to the present time;
- You were physically present in the U.S. on June 15, 2012 and at the time of submitting your application for DACA status;
- You had no lawful status on June 15, 2012;
- You are currently in school, have graduated or obtained a certification of completion from high school, have obtained a general education development (GED) certificate, or are honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
What’s the Process?
If you may be eligible for DACA, and you have not filed a DACA application in the past, you must file Form I-821D, Form I-765, and Form I-765WS, along with supporting documents demonstrating that you meet all eligibility requirements.
After all forms are submitted with USCIS, you will attend a biometrics appointment at your local field office. Once USCIS has collected your biometrics a decision will be made on your DACA application. If DACA is granted you will receive DACA or deferred action status and work authorization that is valid for two years, which can be renewed.
*PLEASE NOTE: On July 16, 2021, a federal court judge in Texas ruled that the DACA policy is “illegal.” As a result of that ruling, U.S. Citizenship and Immigration Services (USCIS) is currently not processing new DACA applications. The agency will only process DACA renewals.
- USCIS will accept both new DACA applications and DACA renewals, as well as accompanying work permit applications
- However, USCIS will not adjudicate new DACA applications or associated work permit applications
- Individuals who obtained DACA on or before July 16, 2021, can renew their DACA status and work permit, and apply for advanced parole, which is a travel document that allows you to reenter the US after traveling abroad (USCIS will adjudicate these applications)