Your Header Image

DACA Eligibility and Process Made Simple

The Deferred Action for Childhood Arrivals (DACA) program has undergone significant changes since its inception in. The program, which allows certain young undocumented immigrants to apply for Deferred Action, a temporary reprieve from deportation, has been a topic of controversy and debate.

To be eligible for DACA, applicants must have been under the age of 31 as of June 15, 2012, and must have arrived in the United States before the age of.

They must also be currently in school, have graduated from high school, or have obtained a GED.

Applicants must not have been convicted of a felony or multiple misdemeanors, and must not pose a threat to national security or public safety.

The Renewal Application process for DACA is complex and time-sensitive.

Applicants must submit their applications and supporting documentation within the designated timeframe to avoid lapse in their Immigration Status. Failure to comply with the application process can result in the termination of their DACA status, leaving them vulnerable to deportation. Advocates for Dreamers, as DACA recipients are often referred, continue to push for a clear path to citizenship and a streamlined renewal application process to solidify their immigration status under deferred action.

Understanding DACA Requirements

Navigating the path to deferred action can be a daunting task, especially when it comes to understanding the intricacies of DACA requirements.

To begin with, one crucial aspect of DACA eligibility is the age requirement, which states that you must have been under 31 years old as of June 15, 2012, meaning you were born after June 15,.

This specific cutoff date plays a significant role in determining your eligibility.

In addition to the age requirement, you must have arrived in the US before June 15, 2007, and have lived in the country continuously since then, meeting the residency requirements.

This uninterrupted stay in the US is essential for your application.

You must be currently enrolled in school, have graduated, or obtained a GED, emphasizing the importance of lawful presence in the US.

This aspect of the eligibility criteria highlights the significance of education in the DACA application process.

Download link.

You cannot have any felony convictions or significant misdemeanors, ensuring you meet the necessary background requirements.

A clean criminal record is vital for your application to be considered. By meeting these initial eligibility criteria, including demonstrating work authorization, complying with residency requirements, and fulfilling USCIS guidelines, you can proceed with the DACA application process, which includes submitting the required documents and fees, and undergoing biometric data collection, thereby establishing lawful presence.

What Is Deferred Action?

Living in the United States without a clear immigration status can be a daunting experience, leaving individuals in a state of uncertainty.
Deferred action is a discretionary decision made by immigration officers to temporarily protect individuals from deportation.

This temporary protection is usually granted for a specific period, which can be renewed for additional periods of time.

The concept of deferred action was first established in 1971 by the Immigration and Naturalization Service (INS), and it was later expanded in 2012 with the introduction of Deferred Action for Childhood Arrivals (DACA).

Deferred action is not a pathway to permanent residence, and it does not provide a guarantee of eventual citizenship. It does offer a temporary reprieve from deportation, allowing individuals to remain in the US without fear of removal.

To be eligible, applicants must meet specific criteria, including being under a certain age criteria, meeting certain educational requirements, and passing a criminal background check. They must also have continuous residence in the US and a clean criminal record.

There is no application fee for this program. In addition to temporary protection from deportation, deferred action also provides work authorization, enabling individuals to secure employment and obtain a social security number after fulfilling the required application fee, meeting the specified age criteria, completing the necessary educational requirements, and passing a mandatory criminal background check.

  • Deferred action was first established in 1971 by the Immigration and Naturalization Service (INS)
  • The Deferred Action for Childhood Arrivals (DACA) program was introduced in 2012, expanding the concept of deferred action
  • Deferred action provides temporary protection from deportation, allowing individuals to remain in the US without fear of removal, and also enables them to secure employment and obtain a social security number
  • Applicants must meet specific criteria, including age, educational requirements, and a clean criminal record, to be eligible for deferred action

Age Criteria for DACA

To qualify, applicants must have been under the age of 16 upon entering the United States. This specific requirement is crucial, as it directly impacts the eligibility of potential DACA recipients.

For instance, if an individual entered the country at the age of 17, they would not be eligible for DACA, regardless of their continuous residence in the US.

It’s essential to note that this age requirement is closely tied to the concept of continuous residence.

Applicants must have continuously resided in the US since arriving in the country to meet the DACA eligibility criteria. This means that any periods of legal residence or authorized stay can be counted towards meeting the continuous residence requirement.

In addition to meeting the age requirement, applicants must also provide documentation to prove their employment history, reflecting the period of continuous residence in the US.

Get Started

 

Meeting Educational Requirements

The eligibility criteria for asylum seekers in the United States is complex and subject to change based on various factors. One of the most significant factors is the immigration policy of the current administration.

In recent years, there has been a significant shift in the approach to granting asylum, with a greater emphasis on national security and border control.

As a result, many asylum seekers are being granted temporary protection rather than permanent asylum.

This has led to a significant increase in the number of individuals and families seeking asylum, but not being granted permanent residency.

The US Citizenship and Immigration Services (USCIS) is responsible for processing asylum applications and determining eligibility.

The backlog of applications has led to significant delays, leaving many asylum seekers in limbo.

Asylum Seekers in the US

  1. In 2020, the US granted asylum to only 14,679 individuals, a significant decrease from 2016 when 23,589 individuals were granted asylum.
  2. As of 2022, there are over 7 million pending asylum cases in the US, with an average wait time of 1,046 days.
  3. Between 2017 and 2020, the number of individuals granted temporary protected status (TPS) increased by 43%, with over 300,000 individuals receiving TPS as of
  4. The USCIS received over 284,000 asylum applications in 2020, a 54% increase from

Importance of Continuous Residence

When navigating the complex landscape of immigration, one crucial aspect can make all the difference in a DACA application: uninterrupted physical presence in the United States.

Definition of Continuous Residence
To grasp the significance of continuous residence, it’s essential to understand what it entails.

Continuous residence refers to the uninterrupted physical presence of an individual in the United States.

This means that the applicant must have been physically present in the US for a specified period, without any gaps or breaks, demonstrating prosecutorial discretion in their stay.

Why Continuous Residence Matters for DACA Applicants
Continuous residence is a critical factor in determining DACA eligibility. The US Citizenship and Immigration Services (USCIS) requires DACA applicants to have maintained continuous residence in the US since June 15,

Download link.

This means that applicants must demonstrate that they have been physically present in the US for the entire period, without any gaps or breaks, ensuring they didn’t take advanced parole outside the country.

Why is continuous residence so crucial? If an applicant has gaps in their continuous residence, it can lead to their DACA application being denied. This is because the USCIS views gaps in continuous residence as an indication that the applicant may not have been physically present in the United States and thus may be subject to removal proceedings, which could lead to the exercise of prosecutorial discretion, the denial of advanced parole, and potential limitations on future immigration benefit applications.

Work Authorization Process

Navigating the complexities of working in the United States can be a daunting task for foreign nationals. Understanding the work authorization process is crucial for securing employment and avoiding potential pitfalls.

Before diving into the application process, it’s essential to determine eligibility.

To apply for work authorization, individuals must meet specific criteria, including age requirements, education and military service requirements, and immigration status and presence in the US.

For instance, DACA recipients must have arrived in the US before their 16th birthday and been physically present in the country since 2007 to be eligible. They must be currently enrolled in school or have graduated from high school, and not have been convicted of a felony or certain misdemeanors.

Once eligibility is determined, the next step is gathering required documents, which may include proof of identity and nationality, education, and military service, as well as immigration status and presence in the US. These documents will be necessary for filing the application, which will ultimately lead to an approval notice.

Stay tuned for the next steps in the work authorization process, including filing the application, biometric requirements, and application processing and administrative relief. As the US continues to evolve, it is essential to prioritize comprehensive immigration reform, providing a clear pathway to citizenship for DACA recipients and exploring administrative relief options to address the backlog of approval notices.

Work Authorization Process

  1. DACA recipients must have arrived in the US before their 16th birthday and been physically present in the country since 2007 to be eligible for work authorization.
  2. Required documents for the application process may include proof of identity and nationality, education, and military service, as well as immigration status and presence in the US.
  3. The ultimate goal of the work authorization process is to receive an approval notice, which is necessary for securing employment in the US.
  4. Administrative relief options can provide a clear pathway to citizenship for DACA recipients and help address the backlog of approval notices.

Application Fee Breakdown

They will guide you through the entire process, ensuring that all necessary documents are submitted correctly and on time.

Our experienced attorneys can help you navigate the potential consequences of the public charge rule and provide guidance on how to avoid any potential issues.

By working with our knowledgeable and dedicated immigration attorneys, you can rest assured that your visa application will be handled with care and precision

Criminal Background Check

The hiring process typically begins with an initial request from a company or organization seeking to hire a foreign worker. This application timeline can vary greatly depending on the type of visa and the country of origin of the worker.

Prior to submitting the visa application, the employer must obtain a labor certification from the U. S.

Get Started

 

Department of Labor.

This certification confirms that there are not sufficient U. S. workers who are qualified and available to perform the job, and that the employment of the foreign worker will not adversely affect the wages and working conditions of U. S.

Workers.

Once the labor certification is obtained, the employer must then file a visa petition with U. S.

Citizenship and Immigration Services (USCIS).

As part of this process, the employer must comply with all applicable immigration law requirements.

After the visa petition is approved, the foreign worker can then apply for a visa at a U. S. embassy or consulate abroad.

This will involve a background check and an interview with a consular officer

the Hiring Process for Foreign Workers

  1. The hiring process for foreign workers can take several months to several years, depending on the type of visa and country of origin.
  2. The labor certification process ensures that the employment of foreign workers will not harm U. S. workers and that there are no qualified U. S. workers available for the job.
  3. The visa application process involves a background check and an interview with a consular officer at a U. S. embassy or consulate abroad.
  4. The employer must comply with all applicable immigration law requirements when filing a visa petition with U. S. Citizenship and Immigration Services (USCIS).

Filing Process Overview

Navigating the complexities of humanitarian protection requires a thorough understanding of the application submission process.
Breaking down the filing process into manageable sections can make it more accessible and increase the chances of a successful application.

This overview will guide you through the essential information needed to navigate the application process, including qualifying guidelines and required forms.

From preparing required documents to submitting the application, each step plays a critical role in the overall process.

Understanding these steps can help applicants avoid common pitfalls that may lead to delays or rejection.

In the following sections, we’ll delve into the details of application assistance, exploring eligibility and requirements, application checklists, and filing fees and payment options.

By the end of this overview, you’ll have a clear understanding of what to expect and how to ensure a smooth application process.

Stay tuned for a detailed breakdown of the application submission steps, and get ready to take the first step towards securing the immigration relief you need

USCIS Guidelines for DACA

In the pursuit of providing a haven for young undocumented immigrants, the Deferred Action for Childhood Arrivals (DACA) program was introduced in 2012 to grant lawful status to certain individuals who arrived in the United States as children.

The program has undergone significant changes since its introduction, with the most recent development being the suspension of new applications in.

Despite this, existing DACA recipients can still renew their status during the renewal period.

According to the United States Citizenship and Immigration Services (USCIS), DACA is a type of deferred action that provides temporary relief from deportation and allows eligible individuals to work in the United States.

To be eligible, applicants must have arrived in the US before the age of 16 and have continuously resided in the country since June 15, The application process involves submitting Form I-821D, which requires documentation of identity, immigration application status, and education.

Applicants must also undergo background checks and biometric requirements.

Once approved, DACA recipients can enjoy temporary protection from deportation and apply for work permits.

DACA is not a pathway to immigration application or citizenship

Renewal Application Steps

Navigating the complexities of immigration can be overwhelming, but understanding the renewal process is crucial for a smooth transition.

Understanding Eligibility Criteria
To qualify for renewal, it’s essential to meet specific requirements, including possessing the necessary youth immigration status, gathering required documents, meeting the age requirement, and having the qualifying education.

Ensure you don’t have any criminal offenses that might affect your application.

In this stage, it’s crucial to seek legal aid if you’re unsure about any aspect of the process.

In the next steps, we’ll guide you through the preparation and submission of your renewal application. Stay tuned to learn more about the renewal process and ensure a smooth application experience.

By following these guidelines, you’ll be well-prepared to navigate the renewal process with confidence

Legal Representation Benefits

Navigating the complex landscape of immigration can be a daunting task, especially for those unfamiliar with the process.
With the ever-changing landscape of immigration laws and regulations, navigating the system can be overwhelming, especially for those unfamiliar with the process.

This is where legal aid comes into play, providing a beacon of hope for those seeking to achieve their immigration goals.

By seeking professional immigration services, individuals can maximize their chances of approval by receiving expert guidance on application procedures and requirements.

In addition to improving the likelihood of success, legal aid also saves time and reduces stress. Efficient handling of paperwork and documentation, combined with a proactive approach to addressing potential issues, can alleviate anxiety and uncertainty.

Legal representation provides valuable insight into the intricacies of immigration adjudication processes, including conditional residence and complex USCIS forms. This expertise is invaluable when dealing with complex cases and ensuring that all necessary documentation is in order.

By seeking professional legal representation, immigrants can unlock the key to success, ensuring a smoother and more effective journey.

Legal aid provides a sense of security, allowing individuals to focus on their personal and professional lives while their application is being processed. In the pursuit of a successful immigration journey, one crucial aspect is understanding the nuances of immigration services, accurately completing USCIS forms, navigating the complexities of immigration adjudication, and meeting the requirements for conditional residence.

Benefits of Professional Immigration Services

  1. Professional immigration services can increase the likelihood of approval by 40-50%.
  2. Individuals who seek legal aid are 3 times more likely to have their application approved on the first try.
  3. In the United States, immigrants who receive legal representation are 10% more likely to achieve their immigration goals.
  4. According to a study, 75% of immigrants who received legal aid reported reduced stress and anxiety during the application process.

Business Immigration Laws Shaping the Economy
Immigration Lawyer Selection Made Easy

Search for Another Topic

Black Arrow Pointing Down

Download Our Free

Catalog of Sample Legal Forms

  • Simplicity
  • Versatility
  • Flexibility

Fill in the form Below:

Get many common generic legal forms on line here.

Bob's Blogs

 

Related Posts

Other Favorite Sites