Deferred Action for Childhood Arrivals Program – DACA FAQs

The Trump administration announced in September 2017 it planned to Phase out DACA for current recipients, and no new requests will be allowed. However a lower court order required the government to keep on accepting renewal applications for those under the DACA program, and the Supreme Court refused the Trump government’s request to intervene.

According to PEW Hispanic Center, about 1.7 million people are expected to gain from DACA. However, DACA provides no path to citizenship and its future is unclear.

What exactly is Deferred Action (DACA) program?

Deferred Action for Childhood Arrivals (DACA) is a kind of administrative relief from deportation. The objective of DACA is to protect eligible immigrant youth that came to the United States when they were kids from deportation. DACA gives young undocumented immigrants: 1) protection against deportation and 2) a work permit. The program expires after two years, subject to renewal.

Deferred Action is a new policy Which came to action on June 15th, 2012, developed by the Department of Homeland Security designed to allow certain individuals, who arrived with their parents when they were young kids who have grown up in the united states. Because these people were too young, they weren’t accountable for what happened and it becomes irrational to punish them, who barely knew anything about the immigration or breach of immigration laws and continue to remain in the US. The DHS has decided it’s unnecessary to deport qualified immigrants if they meet specific guidelines.

In order to receive this benefit one Must file an application for Deferred Action together with an application for employment authorization. If approved, they’ll have the ability to work in the USA legally.

What are the requirements to apply for Deferred Action?

What do you Want to apply for DACA?

An applicant should have:

  • Entered the United States when They were younger than 16 years old
  • One has to be under the age 31 at June 15, 2012
  • Must possess a graduation from a high school or equivalent, enrolled in college or are veterans of the US army
  • They ought to be a clean document without felonies, misdemeanors or any signs of being a threat to the nation
  • Require financial records to show that they had been in the nation before June 15th, 2012.
  • Submit documentation which establishes being in the US before their 16th birthday and the individual was born on or after 15th June 1981.
  • Proof of the age of a birth certificate and a copy certifying that the person is in college now
  • Continuously resided in the USA for at least five years

Everything that an immigrant want To learn about Deferred Action

  • A DACA program needs to be Sent via a mail, they could prepare software online. Together with an identification form, among other files.
  • According to USCIS, the mandatory fee should be sent either by check or money order form – in the name of “U.S Department of Homeland Security”.
  • A high school diploma or U.S Diploma or certificate of completion, an honorable discharge in the armed forces fulfilled the DACA instruction requirement.
  • USCIS will do Various federal Databases to test biometric and biographic information as supplied by an applicant; they’ll run fingerprints and titles. It is utmost important to make sure that the applicants don’t lie on their application form
  • It takes several months to process the application for DACA.

After offender files a case, USCIS Will program biometrics appointment and mail the notice, upon failing to attend, the program will most likely be considered abandoned.

  • All required documents which are Necessary to be filed should be in English only.

DACA are eligible for employment authorization

Upon the program’s approval, one Can begin to work the moment they receive their social security card.

Typically, USCIS will approve The situation without an interview and mail the approval notice and send the job card directly into an applicant’s mailing address. In certain circumstances, they may schedule an interview to ascertain the eligibility before making a decision on an applicant’s DACA case.

Many eligible undocumented Immigrants fear that they might place their parents and their relatives in the possibility of deportation if they apply for deferred action. However, such qualified immigrants need not be concerned about, as the USCIS won’t share the information that’s offered by these, with ICE or the CBP. Only the information of those applicants who have criminal background or applicants, who appear to threaten the nation’s safety, will be shared with the ICE or the CBP.

DACA provides a temporary period of Two years to live and work in America, which is presently renewable, pursuant to existing regulations. Surely, this new policy provides many undocumented immigrants the opportunity to do something they were not able to do previously. Not only will they be given the chance to work legally in the USA, but Immigration and Customs Enforcement will remain removal proceedings against them. They won’t accrue unlawful presence throughout the phases that have Deferred Action under the DACA provisions.

What’s The Procedure to Renew My DACA?

All DACA renewals are being accepted by USCIS. Consult an experienced lawyer before submitting any application to immigration authorities, especially in case you’ve had any contact with any unauthorized absences in the U.S.:

Get Help: Do not apply alone.

If you are a Berkeley student, we invite you to make an appointment with the Legal Services Program to discuss eligibility for DACA or alternative immigration benefits.

Collect Proof: See below for a comprehensive list of required documents. Remember to only send copies (not originals) of supporting documents.

Complete Applications:

G-28 — Notice of Entry of Appearance As Attorney (Optional)

G-1145 — E-Notification (Optional)

Form I-821D — Consideration of Deferred Action for Childhood Arrivals;

Form I-765 — Application for a Work Permit; and

Form I-765WS — Worksheet describing your economic need to work.

Submit Software: Include all supporting files, two fees, and photos. The fee is $495.00 (pay using a check or money order payable to Department of Homeland Security). Mail to: USCIS Phoenix Lockbox, PO Box 20700, Phoenix, Arizona 85036-0700

Background Check and Fingerprints: You will receive a receipt by email that contains your receipt number and a consultation notice to get your fingerprints taken for a background check.

Final Steps: as soon as you’ve been fingerprinted, you will receive either a letter requesting further information (known as a Request for Proof) or the last decision. Approvals of DACA renewals are sometimes received as quickly as five weeks, but frequently take a couple of months from the date of application.

How Can I Apply for DACA if it is my First Application Ever?

First DACA applications (those Individuals that are applying for the very first time) are not yet been approved by USCIS. These initial DACA applications won’t be approved until at least 90 days after April 24, 2018 (the day the district court of Columbia issued its conclusion), which is July 23rd. The court gave the U.S. Government 90 days to offer a legitimate reason for terminating DACA. If they’re not able to, then the Government was ordered to begin accepting both initial and renewal DACA software, just like before Trump’s September 2017 rescission announcement.

You can find Current Info here. We’ll also keep this page updated.

If you are applying for the first Time, you can definitely begin preparing your documents and information now so you can apply after you have the ability to.

LIST OF DOCUMENTS FOR AN INITIAL APPLICATION:

Below is a list of files you Should have filed with your first DACA program:

Proof of Identity and Date of Birth

Occupational Certification

Passport

Consular I.D./National I.D./Cédula

School ID

Proof That You Were Physically Current at the U.S. on 6/15/2012

A verifiable, formal document with your name and the date 6/15/2012; or

An official document with your name and a date before 6/15/2012, and another dated just after 6/15/12.

(Examples: school records, paycheck stubs, bank statements, credit card receipts, etc.)

Proof You’d 5 Decades of Continuous Home in the U.S. (June 2007 — Current)

(If you do not have school records/transcripts demonstrating that you’re present in the U.S. continuously for the last five decades, provide 1 record for every 3 months from June 2007 through to the current month).

School Records

Financial Records (taxation, credit card bills, bank statements, rent receipts, telephone bills, utility bills )

Employment Records (pay stubs)

Medical Records (physicals, prescriptions, dental records, vaccination records etc.)

Other documents: spiritual certificates, volunteer records, personal statements, etc..

Proof You’re In School, Have a High School Diploma/GED, or Were Honorably Discharged in the Army

School Transcript or Report Cards if presently studying;

High School Diploma or GED Certificate; or

Army Discharge Papers

Proof That You Entered the U.S. Before Age 16

School Records

Medical Records (vaccinations, physicals, etc.)

Expired Visa, I-94 card, or Passport with Entry Stamp

Discuss other forms of evidence with a legal adviser

Proof That You Aren’t Ineligible Because of Criminal Conviction or a Threat to National Security/Public Safety

All applicants will be fingerprinted and subject to a background check of all authorities, juvenile, and immigration records. In case you’ve ever had contact with law enforcement or immigration authorities, receive a copy of your documents to review with a lawyer prior to applying for DACA. We can describe how to do this. (Examples: criminal court records, juvenile court records, driving record from DMV, state criminal background check results, FBI background check results, etc.)

Passport Photos

2 passport-size color photographs.

DACA RENEWAL – WHO CAN APPLY FOR DACA RENEWAL?

You can use to renew your DACA if You now have DACA, in the event that you previously had DACA but it’s expired, or if you’d DACA and it had been terminated.

You’re still eligible for DACA Renewal even though:

you’re now over 31. You can’t age out of the program.

You’ve graduated or are studying in another school or program.

WHEN TO APPLY FOR DACA RENEWAL?

Employ at least 150 days prior to your DACA & work permit expire. However, USCIS is currently accepting applications over 150 days before the expiry date, so that you may apply as early as you need to. If you make an application for renewal within this time range, you should obtain an approval notice and new work permit before your current one expires.

It’s needed to apply for renewal On time to avoid losing protection against deportation, being without legal work authorization & accruing unlawful presence after your Deferred Action relief expires.

As there are ongoing lawsuits around DACA, there’s some uncertainty about what’s going to happen to DACA ultimately. For the time being, DACA renewals are being approved and the case will be heard by the Ninth Circuit. Please reach out to the Legal Team via usplegal@ebclc.org for information about your specific case and the most recent developments.

WHAT’S THE PROCESS?

Get Help:

If you are a Berkeley student, we invite you to make an appointment with the Legal Services Program to discuss potential travel or other immigration issues. It’s particularly important to talk to a lawyer if your DACA was terminated before or you’ve been detained since your last renewal. We may also have the ability to assist you with the $495 program fee.

Calculate When to Apply for Renewal: Submit your application at least 150 days (5 weeks) prior to your DACA and work permit expire. We don’t recommend submitting it any later than four weeks beforehand.

Total Software:

Form I-821D — Consideration of Deferred Action for Childhood Arrivals (DACA). Indicate this is a renewal application and only complete sections necessary for renewal applicants. Provide updated information in these sections.

Form I-765 — Application for Employment Authorization (EAD). Indicate the application is for a renewal EAD (work permit). List your present status as “DACA receiver,” and for question 16 the eligibility category is (C)(33).

Form I-765WS — Worksheet. Briefly explain your economic need to work.

Submit Software: Include two passport photographs, a copy of current work permit and fee. The fee is $495.00. Pay with a check or money order payable to the Department of Homeland Security. The mailing address for California residents:

USCIS Phoenix Lockbox, P.O. Box 20700, Phoenix, Arizona 85036-0700

Schedule Appointment: You will receive a receipt by mail along with a biometrics (fingerprinting) appointment notice.

Final Steps: After being fingerprinted, you will receive either a letter requesting further information (known as a Request for Proof) or the last decision.

WHAT DO I INCLUDE IN THE RENEWAL APPLICATION?

Info: Your renewal program is an Upgrade to your initial program. Update your address, any journey you did under advance parole, any arrests or criminal issues that happened as your first application, and any contact with immigration authorities or the law court as your very first application.

Ensure: That the information in Your renewal application is consistent with your first DACA application. If you will need a copy of your first application, you can request one by submitting Form G-639 with USCIS. If your address has changed, include the new address on the program and complete a change of address with USCIS, which you have to finish any time your address changes.

Documentation: You Don’t need to submit or re-submit any documentation with your renewal application — just a copy of your work permit.

The exception is if there’s Been a change since your first application regarding your Immigration Record (your case is pending in law enforcement, you had been arrested by immigration police, etc.), or your Criminal Record (you had been arrested, detained, or convicted of a crime). If either of these applies to you, consult with a lawyer, ensure that your application reflects this new info, and submit proof that this shift in your circumstance doesn’t affect your DACA eligibility (as an instance, the court disposition regarding a criminal case or an immigration judge’s order closing your case).

How many men and women are affected by DACA?

Nearly 800,000 youth, known as Dreamers, are under the program’s umbrella.

Daniel Garza, president of the conservative immigration nonprofit Libre Initiative, told Fox News that DACA provides a “reprieve in the lifetime of the doubt for innocent children who didn’t violate the law.”

“It is rather disappointing to think they could return to a state of stress and fear,” he said.

What did the Trump government do?

Since the statement, Trump had offered to work with lawmakers on a solution for the hundreds of thousands of people in the U.S. who fell under DACA’s umbrella of protection. But at exactly the same time, he has blamed Democrats on social media for lack of a solution.

Earlier this season, Trump released his “four pillars” of immigration reform, which included a Provision for legal status for DACA recipients and others who would qualify for DACA status. The White House estimated that total to be 1.8 million individuals. The Senate rejected the program.

Republicans — and a few Democrats — compared Obama’s directive establishing DACA from the beginning as a perceived overreach of executive power.

Obama spoke out on social media following the Trump administration declared a Plan to dismantle the program, saying that it is “self-defeating … and it’s cruel” to finish DACA and questioned the rationale behind the decision.

Do any DACA recipients serve in the army?

Despite some rumors circulating on the internet to the contrary, Dreamers were eligible to serve from the U.S. military since 2014 If the Pentagon adopted a policy to permit a certain amount of illegal immigrants to combine.

In the fiscal year 2016, 359 DACA recipients had enlisted in the Army — that is The only branch to take immigrants of the category.

DACA – Deferred Action for Childhood Arrivals Program

Deferred Action for Childhood Arrivals Program – DACA FAQs

What is DACA? What does DACA stand for?

Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) is an American immigration Policy that allows some people who were attracted to the United States illegally as children to be given a renewable two-year period of deferred actions from deportation and become eligible for a work permit from the U.S.

Is DACA over?

Read above.

When did DACA begin?

Read above.

When was the Dream Act introduced?

On August 1, 2001, a mirror bill to the “Student Adjustment Act of 2001” was introduced in the Senate by Senator Orrin Hatch, also a Republican from Utah. This legislation, S. 1291, was the first invoice given the brief name of “Development, Relief, and Education for Alien Minors Act” or “DREAM Act.”

How to apply for DACA

Read above.

Would you become a resident with DACA?

Deferred Action for Childhood Arrival (DACA) recipients generally doesn’t Have a route to permanent resident status (green card). But some DACA recipients can get a green card if they meet specific criteria.

How much does it cost for DACA?

It costs $465 for first-time and renewal applicants of DACA. The Whole fee Includes a $380 filing fee for Form I-765 (among the three forms that have to be registered) and an $85 biometrics fee. The fee does not vary based on income, age, country of origin or the current state of residence. It’s $465 for everybody.

What does DACA stand for?

Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) is an American immigration Policy that allows some people who were attracted to the United States illegally as children to be given a renewable two-year period of deferred actions from deportation and become eligible for a work permit from the U.S.

Which are the dreamers?

The DREAM Act (short for Development, Relief, and Education for Alien Minors Act) was a bill in Congress that would have given legal standing to certain undocumented immigrants that were attracted to the United States as children and went to college.

Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) … 2015 Update: On February 16, 2015, a federal district court temporarily enjoined the government from moving forward on the former Secretary’s coverage of DAPA and enlarged DACA.

What’s a dreamer student?

DREAMer: An undocumented student who pursues higher education. DREAM stands for Development, Relief, and Education for Alien Minors.

Would you marry an illegal immigrant in America?

If You’re among the many U.S. citizens or permanent residents who have Wed an undocumented (or illegal) immigrant, then you might be hoping to help that person get a green card and settle into your life together in America. But, we have both good news and bad news for you.

Can illegal immigrants get a Social Security number?

Immigration law prohibits working in this country without legal Authorization along with a Social Security Number (SSN). Yet countless “undocumented” immigrant workers are earning income. Illegals frequently get tasks by using illegally obtained, forged, or invalid Social Security numbers.

How much does it cost to file for DACA?

What are the charges for the DACA renewal program? The renewal request Costs the same as the first request: $465. The price includes a $380 application fee for Form I-765 (Application for Employment Authorization) and an $85 fee for biometrics (fingerprints and photograph).

What is the acronym for DACA?

DACA is the acronym for the Deferred Action for Childhood Arrivals program, That was executed by the Obama government in 2012. The program makes it possible for some children who arrived in the USA illegally the opportunity to keep in the country legally.

What is meant by chain migration?

Chain migration is a term used by scholars to refer to this social process by That migrant from a particular city follow others from that city to a specific destination. The destination might be in another country or in a new place in the same nation.

What was the nationality of the biggest wave of immigrants?

The USA experienced significant waves of immigration throughout the Colonial Age, the first part of the 19th century and by the 1880s to 1920. Many immigrants came to America seeking greater economic opportunity, although some, like the Pilgrims in the early 1600s, came in search of religious liberty.

What’s the catch and release?

Catch and release is the unofficial name of a protocol which has been Followed by immigration enforcement agencies in the USA (specifically, by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection), under which individuals caught in criminal status are released

What’s the enlarged DACA program?

Background: Under President Obama’s immigration administrative actions, DACA (Deferred Action for Childhood Arrivals) was enlarged. The 2012 DACA Program restricted eligibility to people who entered before June 15, 2007, and Who was born on or after June 16, 1981.