The Deferred Action for Childhood Arrivals (DACA) program, introduced by the Obama administration in 2012, is designed to provide temporary relief from deportation and work authorization to certain young undocumented immigrants who were brought to the United States as children. To be eligible for DACA, applicants must meet specific criteria, which are outlined below.
Age and Arrival Requirements
Applicants must have been under the age of 31 as of June 15, 2012. They also must have arrived in the United States before their 16th birthday and have lived continuously in the U.S. since June 15, 2007, up to the present time.
Educational Requirements
Educational requirements for DACA eligibility include being currently in school, having graduated or obtained a certificate of completion from high school, having obtained a general education development (GED) certificate, or being an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
Background Checks
Applicants must pass a background check, which includes a review of their biographical and biometric data against various databases to ensure they do not pose a threat to national security or public safety.
No Felonies or Significant Misdemeanors
To qualify for DACA, applicants cannot have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and they must not pose a threat to national security or public safety.
Presence in the United States
Applicants must have been physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS.
Detailed Requirements
- Age: Were under 31 years old as of June 15, 2012.
- Entry: Came to the United States before reaching your 16th birthday.
- Continuous Residence: Have continuously resided in the United States since June 15, 2007, up to the present time.
- Physical Presence: Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS.
- Education: Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
- Background Check: Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Application Process
To apply for DACA, eligible individuals must submit several forms to U.S. Citizenship and Immigration Services (USCIS), including Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Form I-765 Worksheet). They must also provide extensive documentation to prove they meet the eligibility criteria and pay the required fees.
Renewal
DACA is granted for a period of two years and is subject to renewal. To renew, applicants must have met the initial criteria and not have been convicted of any disqualifying crimes or posed a threat to national security or public safety since their last DACA approval.
Changes and Challenges
The status of the DACA program has faced legal challenges and changes in policy under different administrations. For the most current information, applicants and renewals should consult the official USCIS website or an immigration attorney.
In conclusion, eligibility for DACA is built around the principle of providing relief to young immigrants who were brought to the U.S. as children, have lived here for a significant portion of their lives, and are without a legal pathway to remain in the country. The program has provided thousands of young immigrants with the opportunity to work legally, attend college, and live without the constant fear of deportation. However, the legal and policy landscape surrounding DACA continues to evolve, necessitating vigilance and professional guidance for those seeking to apply or renew their status.
Can I apply for DACA if I have a criminal record?
+Having a criminal record may impact your eligibility for DACA, especially if you have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors. Each case is evaluated on its own merits, so it’s best to consult with an immigration attorney to assess your specific situation.
How long does it take to process a DACA application?
+Processing times for DACA applications can vary significantly depending on the workload of the USCIS and the complexity of the application. It’s recommended to check the official USCIS website for the most current processing times or to consult with an immigration attorney who can provide guidance based on current conditions.
Can DACA recipients travel outside the United States?
+DACA recipients may be eligible to travel outside the U.S. through a process called Advance Parole. However, traveling without the proper authorization can result in termination of DACA status. It’s essential to consult with an immigration attorney before making any travel plans outside the U.S.
