What is DACA?

Deferred Action of Childhood Arrivals (DACA) allows a specific group of people who came to the United States as children and are currently without any immigration status to defer removal actions against them and receive employment authorization for a period of 3 years subject to renewal. DACA doesn’t grant you an immigration status. If your application for deferred action is approved by USCIS, you will be considered an alien lawfully present in the US during the period of time while your deferred action is in the effect. However, be advised that DACA doesn’t grant you any immigration status or path to green card. The fact that your period of stay is authorized by Department of Homeland Security simply means you are not accruing any unlawful presence while you remain in the US. Requirements You may apply for DACA if you meet following requirements: • Were under the age of 31 as of June 15, 2012; • Came to the United States before reaching your 16th birthday; • Have continuously resided in the United States since June 15, 2007, up to the present time; • Were physically present in the United States on June 15, 2012, and at thetime of making your request for consideration of deferred action with USCIS; • Had no lawful status on June 15, 2012; • 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; and • 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. Filing Fee and Exemptions. Total fee for filing Consideration for Childhood Arrivals and Application for Employment Authorization is $465. ($380 fee plus $85 fee for biometric services fee for fingerprinting and photo.) There are no fee waivers available for employment authorization applications connected to DACA. However you might be exempt from filing fee for Consideration for Childhood Arrivals Application if you meet one of the following conditions: 1 You are under 18 years of age, have an income that is less than 150 percent of the U.S. poverty level, and are in foster care or otherwise lacking any parental or other familial support; or, 2 3 You are under 18 years of age and homeless; or, 4 5 You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the U.S. poverty level; or, 6 7 You have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the U.S. poverty level. 8 Employment authorization and Social Security Number If the USCIS approves your request for DACA and your application to work in the United States, you will be eligible for a Social Security number. After you get your (I-766) Employment Authorization Card, you can apply for a Social Security number with the local Social Security Administration office. Criminal Background Check You will not be considered for DACA if you have been convicted of: 1 A felony offense; 2 3 A significant misdemeanor offense; or 4 5 Three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct. 6 7 You are otherwise deemed to pose a threat to national security or public safety (gang membership, participation in criminal activities, or participation in activities that threaten the United States) 8 What is the difference between “significant misdemeanor”, “non-significant misdemeanor”, and “felony”?

Знімок екрана 2015-07-31 15.53.58

A minor traffic offense will not be considered a misdemeanor for purposes of DACA.

If USCIS Grants DACA in Your Case If USCIS grants DACA and employment authorization for you, you will receive a written notice of that decision. An Employment Authorization Document will arrive separately in the mail. If USCIS Does Not Grant DACA in Your Case Information provided in your Request for DACA is protected from disclosure to ICE and CBP for the purpose of immigration enforcement proceedings. It means that, if your application is denied, your case will not be transferred to Immigration and Customs Enforcement or Customs and Border Protection. However, if your case involves a criminal offense, fraud, or a threat to national security or public safety, USCIS will refer your case to Immigration and Customs Enforcement to initiate removal proceedings.


The information herein has been taken from our partner’s website