Deferred Action for Childhood Arrivals (DACA) Frequently Asked Questions
If you plan to apply for Deferred Action for Childhood Arrivals (DACA) you probably have some questions about eligibility and the process. This guide addresses some of those questions.
Does DACA give me lawful status?Deferred Action for Childhood Arrivals does not grant anyone lawful status. It is essentially the use of discretion to the defer the removal or deportation of a person. If granted the benefit, it will last two years before you have to renew it.
Am I eligible for DACA?Maybe. Always speak to an attorney about your individual case before applying.
Here is the basic eligibility criteria:
1. You were under the age of 31 as of June 15, 2012;
2.You came to the United States before your 16th birthday;
3. You have continuously resided in the United States since June 15, 2007 up to now;
4. You were physically present in the United States on June 15, 2012 and had no lawful status;
5 You were present in the United States .and at the time of applying for consideration of deferred action with USCIS;
6. You are currently in school, have graduated or obtained a certificate of completion from high school, or a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
7. 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.
If I have a criminal conviction, will that affect my DACA application ?Possibly. Depending on the conviction. Please get in touch with an immigration attorney in your area who can help you understand the consequences of your conviction on DACA.
If my DACA gets approved what happens?Once your petition is approved then you will receive an Employment Authorization Card and your Deferred status will be valid for two years. You will be authorized to work in the United States and be eligible to obtain a driver's license.
What kind of evidence can I use to prove physical presence?Some examples of evidence are school records, medical records, bills in your name, and bank statements.
Do I have to translate documents that aren't in English?Yes. All documents submitted that are not in English must be translated by someone who is proficient in that language. The most common document that needs translation is a birth certificate.
Is there a filing fee?Yes. Right now the fee is $465, including the fee for biometrics.