Requirements For DACA
DACA Eligibility Requirements
Undocumented persons who came to the United States as children may be able to apply for the DACA program. They need to use Form I-821D, Consideration of Deferred Action for Childhood, to apply for the program. This form has to do with preventing the deportation of the applicant that is why it includes the term “deferred Action”.
That means that you cannot be placed into removal proceedings or deported from the United States for a specified period of time. But the program only grants you a temporary status that can be revoked at any time. Additionally, you don’t really get access to a clear path to being a lawful permanent resident. You should talk to experienced TX DACA Lawyers to get more accurate information.
How To Apply For DACA
Who Qualifies For DACA
You have to submit Form I-821D, supporting documents and other forms to apply for DACA. The U.S. Citizenship and Immigration Services (USCIS) will review your application and decide whether to allow you to stay in the U.S. temporarily. The temporary stay lasts until your DACA status expires or your deferral is terminated.
The DACA program provides temporary relief from deportation and an employment authorization or work permit.
Are You Eligible For DACA?
Eligibility Category For DACA
The two types of applicants are the initial applicants and the renewal applicants. You can apply for initial consideration of DACA if:
- You are younger than 31 years of age as of June, 2012
- You were 16 when you arrived in the United States
- You have resided in the United States continuously from June 15, 2002 to the present
- You entered the United States without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012
- You were physically present in the U.S. on June 15, 2012, and at the time you applied for DACA status with the USCIS
- You are currently in school, graduated from high school, obtained a GED, or were honorably discharged from the armed forces or Coast Guard
- You have not been convicted of a felony offense a significant misdemeanor or more than 3 misdemeanors, and are not a threat to security pr public safety
You can apply for renewal of DACA if you meet the initial application requirements and the following requirements:
- You have never left the United States on or after August 15, 2012 without advance parole
- You have resided continuously in the United States since you submitted your most recent request for DACA that was approved to the present time
- You have not been convicted of any major crime or more than 3 misdemeanors, and do not pose any threat to national security or public safety.
How To Apply For DACA Properly
DACA Age Limit
Whether you are filing for deferred action or initial consideration, you will need to file the following forms together:
- Form I-821D, Consideration of Deferred Actions for Childhood arrivals. It the application for deferred action
- Form 1-765 Application for Employment Authorization
- Form I-765 Worksheet
You have to file these forms together but if it’s for an initial application, you need other supporting documents to show you are eligible for DACA.