DACA (Deferred Action for Childhood Arrivals)
DACA provides protection from deportation and work authorization to individuals who came to the United States as children. I help with renewals, advance parole, and exploring future immigration options.
Requirements
DACA Eligibility
Age Requirement
You were under 31 years of age as of June 15, 2012, and came to the U.S. before your 16th birthday.
Continuous Residence
You have continuously resided in the U.S. since June 15, 2007, up to the present time.
Physical Presence
You were physically present in the U.S. on June 15, 2012, and at the time of filing.
Immigration Status
You had no lawful status on June 15, 2012, or your lawful status had expired before that date.
Education or Military
You are currently in school, have graduated high school, obtained a GED, or are an honorably discharged veteran.
No Disqualifying Factors
You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors.
Benefits of DACA
- Protection from deportation (deferred action)
- Work authorization (EAD) for 2 years
- Social Security number eligibility
- Driver's license eligibility in most states
- Advance parole for certain travel
- Renewable every 2 years
Renewal Process
How to Renew Your DACA
Timely renewal is critical to maintaining your DACA status and work authorization.
File Early
Submit your renewal 120-150 days before your current DACA expires to avoid gaps.
Complete Forms
File Form I-821D, I-765, and I-765WS with required documentation.
Pay Filing Fees
Submit the required $410 filing fee (no fee waiver available for DACA).
Biometrics
Attend your biometrics appointment for fingerprinting and photos.
Receive Approval
Upon approval, receive your new EAD valid for another 2 years.
Important Timing
File your renewal 120-150 days before expiration. Filing too early may result in rejection; filing too late may cause gaps in your status and work authorization.
Work Authorization
Employment Authorization Document (EAD)
Work Legally
Your DACA-based EAD allows you to work for any U.S. employer. It's valid for 2 years from the date of approval.
Education Access
DACA recipients can pursue higher education and may qualify for in-state tuition and certain scholarships in many states.
Social Security
With DACA approval, you can obtain a Social Security number, which is essential for employment, credit, and more.
Travel
Advance Parole for DACA Recipients
Advance parole allows you to travel outside the U.S. and return lawfully. This authorized entry may help with future green card applications.
Humanitarian Purposes
Travel to obtain medical treatment, attend funeral services, or visit an ailing relative.
Educational Purposes
Study abroad programs, academic research, or educational conferences.
Employment Purposes
Overseas assignments, interviews, conferences, or training related to your job.
Warning
Never travel outside the U.S. without approved advance parole. Leaving without advance parole will automatically terminate your DACA status, and you may not be able to return.
Looking Ahead
Future Immigration Options
While DACA does not directly lead to permanent status, there may be other paths available to you.
Marriage to U.S. Citizen
If you entered the U.S. lawfully (or have advance parole), marriage to a U.S. citizen may provide a path to a green card.
Employer Sponsorship
Some DACA recipients may qualify for employer-sponsored visas if they have specialized skills.
Legislative Changes
Continue to monitor potential immigration reform that could provide a path to permanent status.
Common Questions
DACA FAQs
What is DACA?
DACA (Deferred Action for Childhood Arrivals) is a policy that provides temporary protection from deportation and work authorization to certain individuals who came to the U.S. as children.
Can I apply for DACA for the first time?
Currently, only renewal applications are being accepted due to ongoing litigation. First-time applications are not being processed at this time. Contact us for the latest updates on DACA eligibility.
How often do I need to renew DACA?
DACA must be renewed every 2 years. You should file your renewal 120-150 days before your current status expires to avoid any gaps in coverage.
Can I travel outside the U.S. with DACA?
You can apply for advance parole to travel internationally for humanitarian, educational, or employment purposes. Traveling without advance parole will terminate your DACA status.
Does DACA lead to a green card?
DACA alone does not provide a path to a green card or citizenship. However, certain circumstances (like marriage to a U.S. citizen combined with lawful entry or advance parole) may create eligibility for adjustment of status.
What happens if my DACA expires?
If your DACA expires, you lose work authorization and protection from deportation. File your renewal on time to maintain continuous coverage.
Can I get a driver's license with DACA?
Yes, DACA recipients can obtain driver's licenses in all 50 states, though requirements vary by state.
What if I have a criminal record?
Certain criminal convictions can disqualify you from DACA. A single felony, significant misdemeanor, or three or more misdemeanors will make you ineligible. Consult an attorney to evaluate your specific situation.
Protect Your DACA Status
Whether you need help with a DACA renewal, advance parole, or exploring your future options, I'm here to help.