Deferred Action – DACA

### DHS/USCIS continues to make ongoing, important policy changes and processing updates regarding “Deferred Action” or “DACA” cases, per executive directives by President and his administration and/or Federal Court(s) as required by law ###

🇺🇸 Understanding DACA: Deferred Action for Childhood Arrivals

DACA (Deferred Action for Childhood Arrivals) is a discretionary policy that allows eligible individuals who were brought to the U.S. as children to remain in the country temporarily and apply for work authorization.

⚠️ DACA does not grant lawful permanent residency (green card) or U.S. citizenship. It is not amnesty.
It offers temporary protection from deportation for two years at a time, and is renewable.

✅ Who Can Apply for DACA?

You may qualify for DACA if you meet all the following:

  • You were under age 31 as of June 15, 2012
  • You came to the U.S. before your 16th birthday
  • You’ve lived continuously in the U.S. since June 15, 2007
  • You were physically present in the U.S. on June 15, 2012, and when you applied
  • You entered the U.S. without lawful status, or your lawful status expired by June 15, 2012
  • You are:
  • Currently in school, or
  • Have graduated high school, or
  • Hold a GED, or
  • Are an honorably discharged U.S. military veteran
  • You have no felony, no significant misdemeanor, and no more than two other misdemeanors
  • You do not pose a threat to public safety or national security

📅 DACA applications first became available on August 15, 2012.

📝 What Forms Are Required?

To apply for DACA (initial or renewal), you must submit:

  1. Form I-821D – Consideration of Deferred Action for Childhood Arrivals
  2. Form I-765 – Application for Employment Authorization
  3. Form I-765WS – Worksheet explaining financial need for work authorization
  4. Filing fees:
  • $380 (Form I-765)
  • $85 (biometrics fee)
  • Total: $465

USCIS may reject your application if it’s incomplete, late, or improperly filed, based on current laws, regulations, or federal court orders.

🔍 How USCIS Reviews DACA Cases

  • USCIS evaluates each case individually.
  • They will only process properly filed applications.
  • They can deny or terminate DACA at any time, at their discretion.

🛑 Submitting false or misleading information can result in criminal penalties and may trigger removal (deportation) proceedings.

⚖️ DACA and Deportation Protection

The Department of Homeland Security (DHS) has instructed its immigration agencies — ICE, CBP, and USCIS — to take the following actions:

  • Do not place individuals into removal proceedings if they meet DACA eligibility criteria.
  • If you’re already in removal proceedings:
  • DHS will assess whether you qualify for DACA.
  • ICE must implement DACA for eligible individuals within 60 days.
  • If you are not in removal proceedings, USCIS has been directed to create a system to accept affirmative DACA applications for individuals age 15 and older.

This also applies to individuals with final orders of removal — they can apply directly to USCIS.

💬 Have Questions About Your DACA Status?

Whether you’re applying for the first time or need help renewing, it’s important to submit your application correctly and on time.

📞 Contact me today to schedule a consultation and get expert help with your DACA application, renewal, or related immigration issues.

Last Revision: March 2025.