All About DACA

In 2012, the U.S. Department of Homeland Security and the Obama Administration declared that undocumented immigrants who satisfied specific educational, criminal records, and physical presence qualifications could request deferred action for two (2) years, which they would renew. The program is known as Deferred Action for Childhood Arrivals. During your deferred action period, you qualify for a work permit and are protected from deportation. You are eligible for DACA if your parent(s) brought you to the U.S. as a child. If you are seeking DACA status, it is essential to understand the application process involved. Please continue reading this blog post to learn more about DACA and how a California immigration attorney can help you navigate the application and renewal process and protect your rights.

Defining DACA

DACA is a government policy that safeguards about eight hundred thousand young individuals, popularly referred to as dreamers, who got into America illegally as minors from deportation. The government program does not give them a citizenship pathway or formal lawful status. However, it permits them to acquire a social security number, a driver’s license, and a work permit.

The Trump administration attempted to abolish the DACA program, which the Obama administration established in 2012. In December 2020, a federal court ruled that first-time Deferred Action for Childhood applicants were allowed to apply after the Trump government halted accepting new applications. The court also extended the renewal duration from a year to two years.

DACA Eligibility

DACA applicants should satisfy the following eligibility criteria:

• You entered America illegally before you turned 16.
• You were born on or after June 16, 1981.
• You have been residing in America since June 15, 2007.
• You have never been convicted of a felony or a severe misdemeanor, and do not threaten public safety or national security.
• You have finished a GED, have been discharged honorably from the military, or are pursuing further studies.
• You were physically present in America on June 15th, 2012, during the period of filing a request for consideration of deferred action with the United States Citizenship and Immigration Services.
• You had no legal status on June 15, 2012.

Documents You Need When Applying for Your DACA Status

The following is a list of documents you will present in your application:

• Original birth certificate and translation or a valid passport.
• Two passport-style photos are needed to authorize your employment application, with your date of birth and name written on the back.
• Copy of each criminal or traffic court case on record, where applicable:

1. All arrest and police reports against you.
2. All your criminal court disposition documents or final court rulings stating the outcome following a settlement, trial, or case dismissal.
3. All your criminal complaints and charging documents from the prosecution.
4. Post-conviction proving you complied with your probation or sentencing terms and conditions.

• Copies of your school records, like school identity card, enrollment proof, transcripts or report cards, GED certificate or high school diploma, and high school or college awards.
• Evidence of U.S. entry before age 16, continuous stay in America since June 15, 2007, and physical presence, like:

1. Records of employment.
2. Tax transcripts or tax returns.
3. Credit card statements, bank statements, or copies of canceled checks.
4. Leases, utility bills, rental receipts, phone bills, and other dated receipts.
5. Photos showing you being in America since you were 16 and 2007.
6. Affidavits from loved ones, teachers, friends, and churches confirming your presence.
7. Birth certificates of your children or siblings born in America in 2007.

Deferred Action For Childhood Arrivals Application (Form I-821D)

Suppose you qualify to apply for the DACA program. In that case, you should file Form I-821D to request that the USCIS practice discretion in your case and exempt you from deportation proceedings.

United States Citizenship and Immigration Services deferring action varies depending on the case and applicable guidelines. If the immigration officers grant the deferred action, they will not initiate removal proceedings against you, and you will not be deported from the U.S. for a stated duration.

If granted Deferred Action for Childhood Arrivals, you can apply for work authorization and permission to travel outside the United States.

How To Fill Form I -821D

The form has seven sections, but some might not apply to you. These sections include the following:

• Your personal information — Every applicant should complete this section. You should be specific, regardless of whether you are a first-time applicant or seeking a renewal of your DACA status. You should also outline your immigration status, including details regarding pending removal proceedings.
• Arrival information into America — The arrival section only applies to first-time DACA applicants. If this is your initial DACA application, you should explain how and when you entered the U.S.
• Travel and residence details — Every applicant must complete this section. First-time applicants should provide more extensive personal information than people seeking to renew their DACA status. The details include thorough information about your residence and travel history, so ensure you give complete and truthful answers. You could also be required to provide details about any military service, if applicable.
• Certification, contact information, and the interpreter’s signature — If an interpreter assisted you in writing the form, they should sign it and submit their personal information in this section.
• Statement, signature, and personal contact details — You certify and sign Form I -821D as true and accurate in this section.
• Declaration, contact details, and the applicant’s signature, if they are doing so on behalf of another applicant — If another individual assisted you in preparing your request, like an attorney, they should fill out this section.
• National security, criminal history, and general public safety details — Every applicant should complete this section and answer questions about their criminal history, public safety, and national security information. You should only provide truthful and accurate answers.
• Additional details — You should complete this section if more space is required.

Do You Qualify for Educational Financial Aid as a Dreamer?

Every year, many undocumented students graduate from high school, but only a few complete college. This is because DACA students do not qualify for federal financial aid. Fortunately, there are other resources for Dreamers wishing to acquire a college education. You can take advantage of any of the following:

State Aid

DACA students in California can benefit from in-state financial help with their tuition. It differs with every college, university, or school. You should consult with your school for more details, preferably with your high school college counselor. 

Golden State and most schools use the Free Application for Federal Student Aid. One challenge with the FAFSA form is having a Social Security number. Many DACA recipients qualify for an SSN. Your parents’ citizenship status will not impact your eligibility.

Additionally, you should respond “no” to whether you are a United States citizen. It is wise to avoid misrepresenting your details on your federal form. It is advisable to leave questions blank rather than risk your status.

Take Advantage of Scholarships

You can also take advantage of numerous scholarships and grants. Here is a list of places to seek help:

• Ascend Education Fund — It encourages immigrants to complete their college education, regardless of status, race, ethnicity, or gender.
• California Dream Act — The state funds individuals who attend certain eligible California educational institutions.
• Golden Doors Scholars — The fund is available to undocumented and DACA students. However, the applicants must qualify for in-state tuition.
• QuestBridge — The program is ideal for low-income and underserved students during their high school years through institutions of higher learning and their initial employment on their career paths.

Other Resources

You can also seek funding from private student loan firms and private financing.

You Can Acquire a Green Card Via Marriage

You can acquire a green card via marriage if your spouse is a permanent resident or a United States citizen. Nevertheless, the requirements and processes vary depending on numerous factors, like:

• How you entered America.
• Your partner’s immigration status.

If you entered the country legally (immigration officers inspected you during your entry), you could apply for your green card while in the United States. The process is called adjustment of status.

You can also achieve legal entry through a Visa Waiver Program that temporarily permits travelers from given countries to visit the U.S. without a visa. You can qualify for a green card via marriage if you become unregistered by overstaying your valid visa, as long as you have stayed here since your initial legal entry.

Overcoming Challenges Related to Re-Entry Bars and Illegal Entry

A DACA recipient who entered America illegally can face numerous challenges. You should apply for your green card while abroad through consular processing and satisfy the lawful entry requirements. The Advance Parole application achieves it by permitting you to come back to America after traveling outside America for particular purposes.

Nevertheless, you can be barred from re-entry for three to ten years if you applied for this program at least six months following your eighteenth birthday and have not traveled on Advance Parole. You can avoid the bars by acquiring a Provisional Unlawful Presence Waiver that requires proving hardships if you cannot re-enter the county.

Please note that a DACA recipient who entered America illegally at least once is permanently prohibited from re-entering the nation and cannot obtain a waiver to revoke the bar.

Understanding the Basics of the Application Process

You should first bring Form I-130. You might need to file Form DS-260 or Form I-485, depending on your location. Generally, acquiring a marriage green card takes eight to fourteen months.

If your partner is a permanent resident, you should wait until the immigration officers approve your Form I-130 before bringing your I-485. If you are applying from outside the U.S., you should bring it to the State Department’s National Visa Center once immigration approves your I-130. It adds four to eight months to your application process.

You can apply for a Form I-601A waiver to resolve the illegal entry challenges. The process takes up to six months.

Advantages of a DACA Recipient to Apply for a Marriage Green Card

There are numerous advantages to obtaining a marriage green card. They include securing legal employment authorization and lawfully staying in America. Adjusting your status from an undocumented immigrant to a permanent resident allows you to receive specific public benefits, like:

• Medicare.
• Social Security.
• Access quality educational opportunities.
• Travel and return to the U.S. at any time.

You can also apply for United States citizenship after meeting particular requirements, like:

• You have lived in America for more than five years.
• You have passed an English language test and civics exam.

Moreover, you can bring your loved ones to the U.S. effortlessly via a chain migration process or as direct beneficiaries. It will let you reunite with your loved ones and build robust communities in your new home.

Why Hire an Experienced DACA Immigration Attorney

Here are reasons you should employ an immigration attorney:

Understanding whether You are Eligible

An immigration attorney will assist you in understanding the qualification criteria for Deferred Action for Childhood Action and inform you about your eligibility for this program. Additionally, they will guide you through the DACA application procedure and assist you in compiling the relevant documentation and proof to support the DACA request. A lawyer is especially crucial if you need help providing records of your presence in the U.S. or have a limited command of the English language.

DACA Interview Applications

A DACA lawyer will also aid you in navigating any legal issues or difficulties that could arise during your DACA application process. For instance, if you have a criminal history or previous deportation, an attorney will assist in understanding how these factors could affect the DACA application and help you pursue any legal channels for relief.

The legal professional will assist you in preparing for DACA interviews with immigration officers and offer legal guidance on addressing concerns or questions that could arise.

Ensuring Efficient and Fair DACA Application Processing

An immigration attorney allows you to safeguard your legal rights and personal interests during the whole DACA application procedure. They could advocate for you with immigration officers and ensure your DACA application is processed efficiently and fairly. They could also assist you in knowing your legal rights and responsibilities as a DACA recipient and offer guidance about maintaining your status.

Frequently Asked Questions

Some commonly asked questions seasoned DACA immigration lawyers have repeatedly answered include:

1. What are the Common Mistakes to Avoid?

The following tips can stop the immigration officers from rejecting or delaying your request due to filling mistakes:

• Mail all your forms together — You should mail Form I-765WS, Form I-765, and Form I-821D in one package. Remember to read and understand the mailing guidelines to know where to send your form based on your state of residence. Send your mail to the P.O. Box address if using the United States Postal Service.
• Write your birthday and name the same way on all forms. Differences in how you write information can result in delays.
• Sign the forms —You should sign both Forms I-765 and I-821D. If any person assisted you in filling out your forms, they should sign both in the box below your signature.
• Submit the suitable fees.
• Do not leave place or date of entry questions blank.
• Submit the required supporting evidence and documents.
• Ensure you use Form I-821D instead of Form I-821.
• Review your request package before filing it with U.S. Citizenship and Immigration Services (USCIS) for processing.

2. Can You Renew Your DACA Status?

Yes, you can. To renew, you should complete the application process you did during your initial application. It involves filling out the requisite forms and submitting relevant supporting documentation. It is also essential to ensure your information is recent, including your employment status, criminal history, and address.

3. Should You Renew Your DACA Status Early?

USCIS encourages you, the DACA recipient, to file your renewal request four to five months before your current DACA validity duration expires.

4. Can You Obtain Medi-Cal in California?

While DACA recipients are ineligible to obtain a health plan through Covered California, they can qualify for Medi-Cal. Please contact your local county office for more details.

5. Will USCIS Perform a Background Check When Reviewing Your DACA Request?

Yes. The immigration officers must conduct biometric and biographic background checks before considering your request.

Background check involves checking the biometric and biographic information you provided against the databases maintained by federal government authorities, including the U.S. Department of Homeland Security (DHS).

Can You Appeal the USCIS’ Decision?

You cannot bring a motion to reconsider or reopen and cannot appeal the determination if the immigration authority denies your request.

Contact a Knowledgeable Immigration Attorney Near Me

DACA is a discretionary relief provided through USCIS that delays the removal of undocumented immigrants from the country. While the program will not offer you legal status in America, it has benefits like a work permit and permission to acquire an SSN. If you want to enjoy the program's benefits, California Immigration Attorney can provide experienced legal help in immigration law. We are committed to helping immigrants and their loved ones achieve their potential and dreams here in the United States. If you have questions about your eligibility or how you can take advantage of the program, please contact us at 424-789-8809. We are a phone call away.