Introduction to DACA
The Deferred Action for Childhood Arrivals (DACA) program allows certain young undocumented immigrants to remain in the US without fear of deportation. To be eligible, applicants must have arrived in the US before their 16th birthday and have continuously resided in the country since June 15, 2007.
The DACA program also requires applicants to be currently in school, have graduated from high school, or have obtained a GED certificate. Additionally, applicants must not have been convicted of a felony or certain misdemeanors, and must not pose a threat to national security or public safety.
Current Status of DACA
The DACA program has undergone significant changes since its inception in 2012. In 2017, the Trump administration announced plans to phase out the program, but the decision was blocked by federal courts. In 2020, the Supreme Court ruled that the Trump administration's attempt to end DACA was unlawful.
Currently, the Biden administration has announced plans to strengthen and expand the DACA program, including proposing a new rule to codify the program and provide a pathway to citizenship for eligible recipients. However, the program's future remains uncertain, and applicants should consult with an immigration attorney to stay up-to-date on the latest developments.
Eligibility Requirements for DACA
To be eligible for DACA, applicants must meet certain requirements, including arriving in the US before their 16th birthday and continuously residing in the country since June 15, 2007. Applicants must also be currently in school, have graduated from high school, or have obtained a GED certificate.
Applicants must also pass a background check and not have been convicted of a felony or certain misdemeanors. Additionally, applicants must not pose a threat to national security or public safety, and must have entered the US without inspection or have had their lawful immigration status expire before June 15, 2012.
Application Process for DACA
The DACA application process involves submitting Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and Form I-765, Application for Employment Authorization. Applicants must also submit supporting documents, including proof of identity, proof of entry into the US, and proof of continuous residence.
Applicants must also undergo a background check and provide biographical information, including fingerprints. The application process can be complex, and applicants are encouraged to seek the advice of an immigration attorney to ensure that their application is complete and accurate.
Benefits of DACA
DACA provides several benefits to eligible recipients, including protection from deportation and the ability to obtain a work permit. DACA recipients may also be eligible for in-state tuition and financial aid for college, and may be able to obtain a driver's license and other government-issued ID.
Additionally, DACA recipients may be able to travel abroad and return to the US without fear of being denied re-entry. However, recipients must apply for advance parole before traveling abroad, and must meet certain requirements to be eligible for re-entry.
Frequently Asked Questions
What is the current status of the DACA program?
The DACA program is currently available to eligible applicants, but its future remains uncertain. The Biden administration has announced plans to strengthen and expand the program.
Who is eligible for DACA?
To be eligible for DACA, applicants must have arrived in the US before their 16th birthday, continuously resided in the country since June 15, 2007, and meet certain education and background check requirements.
How do I apply for DACA?
To apply for DACA, submit Form I-821D and Form I-765, along with supporting documents, including proof of identity and continuous residence. Applicants must also undergo a background check.
What are the benefits of DACA?
DACA provides protection from deportation, a work permit, and eligibility for in-state tuition and financial aid. Recipients may also be able to obtain a driver's license and travel abroad.
Can I travel abroad with DACA?
Yes, but recipients must apply for advance parole before traveling abroad. They must meet certain requirements to be eligible for re-entry, including not having been outside the US for more than 180 days.
Do I need an immigration attorney to apply for DACA?
While not required, it's highly recommended to consult with an immigration attorney to ensure that your application is complete and accurate, and to stay up-to-date on the latest developments in the program.