Deferred Action for Childhood Arrivals (DACA)

If you came to the U.S. as a child and fear deportation due to your undocumented status, you may be eligible for a program that allows you to stay in the country longer. Specifically, you could qualify for the Deferred Action for Childhood Arrivals (DACA) program. However, like many aspects of immigration law, DACA can be difficult to understand, with confusion surrounding who qualifies and what benefits are available.

That’s why it’s important to consult with an experienced immigration attorney who can assess your eligibility for DACA and guide you through the application process. If you’re already a DACA recipient, our attorneys can help with your renewal application, ensuring you remain protected from deportation.

WHAT IS THE DACA PROGRAM?

The Deferred Action for Childhood Arrivals Program was established in 2012 as a way to help qualified young immigrants defer deportation for two years. 

The reasoning behind the program is that young people didn’t ask to be illegally brought to the U.S. and shouldn’t have to worry about being deported while going to school, planning for college, or considering joining the workforce. They should have a chance to finish their studies and plan for their future, whether that involves working on ways to eventually get a green card or leaving the country on their own.

What Are the Benefits of DACA?

The primary benefit of DACA is the ability to delay deportation for two years. If you were brought to the U.S. as a child and don’t have legal status, applying for DACA can help protect you from removal proceedings for the next two years.

Other benefits of DACA include:

• Work Permit: You can legally work in the U.S.
• Social Security Number: This allows you to legally pay taxes and access certain services.
• Driver’s License: In many states, DACA recipients can obtain a driver’s license.
• Credit Building: With a Social Security number and work permit, you can open credit accounts, apply for loans, and start building your credit while living in the U.S.

Who Is Eligible for DACA?

If you’re hoping for a work permit and deferred action on removal proceedings, you need to find out if you qualify for DACA first. These are the requirements for this program:

• Your date of birth was on or after June 16, 1981
• You were brought to the U.S. before you turned 16
• You have continuously lived in the U.S. since June 15, 2007
• You did not have lawful status in the U.S. as of June 15, 2012, and you still don’t on the date of your application
• You were physically in the U.S. on June 15, 2012 and still are on the date of your application
• You’re currently in school, graduated with a diploma or GED, or were honorably discharged from the U.S. Armed Forces or Coast Guard
• You’ve never been convicted of a felony or violent misdemeanor and not considered a threat to national security or public safety in any way

It is noteworthy that the DACA program is often called into question in court, as not everyone supports it or believes it’s in keeping with U.S. immigration law. For this reason, U.S. Citizenship and Immigration Services (USCIS) has had to pause the program and stop processing applications numerous times based on court decisions. If you’re applying at such a time, USCIS might place your application on hold until it’s legally allowed to be processed. Experienced immigration lawyers stay updated on the latest news regarding this program, so it’s important to speak with one if you’re unsure on the status of DACA.

Renewal of DACA

If you’re already a DACA recipient, you must renew your status every two years in order to continue working legally in the U.S. and access certain benefits associated with the program. You have a good chance of your DACA renewal application being approved if the following are true:

• You’ve lived in the U.S. continuously since qualifying for the program.
• You have not left the U.S. since August 15, 2012, without getting advance parole first.
• You’re not considered a threat to national security or public safety.

It is important to note that DACA recipients are not directly eligible for permanent residency (a green card) or U.S. citizenship. While DACA itself does not provide a direct path to permanent status, there are alternative ways to pursue permanent residency or citizenship:

Pathways to Permanent Residency and Citizenship

1. Family Sponsorship: A U.S. citizen or permanent resident family member may be able to sponsor a DACA recipient for a green card. The sponsorship process can be complex and requires meeting specific eligibility criteria.
2. Employment-Based Green Cards: If a DACA recipient secures a job offer from a U.S. employer willing to sponsor them, they may be eligible to apply for an employment-based green card.
3. Special Immigration Programs: Certain DACA recipients may qualify for specialized immigration programs, including:
   • U Visas: For victims of crimes who cooperate with law enforcement.
   • T Visas: For victims of human trafficking.
   • Asylum: For individuals seeking refuge from persecution in their home country.
4. Marriage to a U.S. Citizen: DACA recipients who marry a U.S. citizen may be eligible for a marriage-based green card.
5. Diversity Visa (DV) Lottery: DACA recipients can participate in the annual Diversity Visa Lottery, which offers a chance to win a green card, provided they meet the eligibility requirements.
6. Legislative Reform: Future changes in U.S. immigration law could provide additional pathways for DACA recipients to obtain permanent residency or citizenship, though this is contingent on political developments.

Next Steps if You’re Considering DACA

If you believe you qualify for DACA, it is advisable to consult with an experienced immigration attorney. An attorney can help you assess your eligibility, navigate the application or renewal process, and explore other potential immigration options.