What is the DACA Program?
Deferred Action for Childhood Arrivals (DACA) is a program that originated with an executive order by then-President Barack Obama in June of 2012. It applies to people who entered the country unlawfully as children. DACA stands for Deferred Action for Childhood Arrivals, and it offers deferred action for young people who arrived unlawfully into the United States. While not giving them legal status, this program also allows these young adults to apply to work lawfully in the United States, among other benefits. Deferred Action simply means a “discretionary determination to defer a deportation of an individual as an act of prosecutorial discretion.”
Reason for Creating DACA
DACA was launched in order to stop the deportation of undocumented individuals who entered the United States illegally through no fault of their own as young children but have been raised in the United States essentially as Americans.
What Are the Criteria to Be Eligible for the DACA Program?
The criteria to be considered for eligibility under the DACA program includes:
- Applicants must have entered the United States before they turned 16
- Applicants must be under 31 years of age
- Applicants must have continuously resided in the United States since June 15, 2007
- Applicants must be enrolled in school, a high school graduate or have been honorably discharged from the military
- Applicants must not have been convicted of a felony, certain or multiple misdemeanors, or be deemed a possible threat to public safety or national security
Statistics About DACA
As of December 31, 2020, there were about 636,390 recipients of DACA. Some of those have gone on to attain legal permanent resident status. Most DACA recipients are from Mexico. 1 in 4 reside in California, and more than half are women under age 26.
Things DACA Does NOT Do
DACA does not confer lawful immigration status on a recipient.
It does allow an individual to receive temporary, renewable work authorization and in some cases the applicant may be eligible for advance parole travel permission. In some instances, after a DACA recipient travels on advance parole, they may be eligible to apply for lawful status in the U.S. It is important to consult with an experienced immigration attorney to discuss your case specifically.
Can You Still Apply For Deferred Action Under DACA?
DHS is no longer granting initial DACA requests. However, you can renew an existing DACA grant. This is due to court decisions that found DACA to be unlawful, which are further discussed below.
DACA Renewal Process
To be eligible for DACA renewal, the following criteria must be met by DACA recipients:
- Recipient has not left the United States without permission from DHS
- Recipient continuously resided in the United States since their last approved DACA request
- Recipient was not convicted of a felony or significant misdemeanor
- Recipient was not a threat to public safety or national security
If they meet the above criteria, then the following steps must be taken while still within the renewal window:
- Gather your last DACA paperwork
- Locate and complete the correct forms on the USCIS website Consideration of Deferred Action for Childhood Arrivals | USCIS
- Pay filing fee ($495)
- Submit renewal packet to USCIS with any required supporting documentation
If an economic need for employment can be shown, the DACA recipient is eligible to receive authorization to work.
Court Decisions Regarding DACA
July 16, 2021, an injunction of the DACA program was requested by certain states in a federal lawsuit.
In 2022, a Texas federal judge ruled that the DACA program is indeed not lawful, and that then-President Obama was not within his authority when he created the program in 2012.
Sept. 13, 2023, the DACA Final Rule was issued by the U.S. District Court for the Southern District of Texas. The Court confirmed that no first-time DACA applications can be accepted for processing.
Adjustment of Status for DACA Recipients
Adjustment of status refers to the legal process used to apply for lawful permanent resident status from within the United States. This is also known as applying for a green card, which allows an immigrant to reside legally within the United States and work. With an adjustment of status an immigrant can apply to change their status without returning to their home country if you have already been either admitted or paroled into the United States. Being paroled into the United States means you were physically allowed to enter but are not considered to have entered legally.
The three categories to choose from for an adjustment of status are:
- Family green card
- Employment green card
- Refugee/Asylee Relative green card
The one a DACA recipient would best qualify for depends on their personal circumstances. Many DACA recipients gain permanent residency status by marrying a U.S. citizen. There are fees associated with any immigration application. Whatever fees are required for your initial petition (which depends on what category you fall under) must be paid first. If you would like to expedite your employment petition, there is a $2,805 fee for premium processing for most categories with some variation. When filing the adjustment of status, the fee for most people is $1440. These fees are waived if you are applying as a refugee, a VAWA self-petitioner, and in certain other types of humanitarian applications.
Please note that all of these fees are current at the time of this writing, but you should check the USCIS website for the most updated fee schedules and for variations in pricing for different age groups.
DACA in 2024
In June of 2024, it was announced that the government would be expanding options for DACA recipients. Those who have earned degrees at accredited American universities and subsequently received job offers will be fast tracked to work visas.
The Importance of Hiring An Immigration Lawyer
Navigating the immigration process can be overwhelming and confusing. Mistakes can set your paperwork back for months, if not more. An experienced immigration lawyer can make all the difference. They know the paperwork required regardless of your particular circumstances, and understand what the USCIS is looking for during interviews. In the event of any denials, your immigration attorney can step in as your advocate and dispute the denial as well as correct any issues and get you back on track to obtaining your green card or citizenship.
The experienced team of immigration law professionals at Siri & Glimstad understands the importance of this process and has the tools and knowledge to guide you through it as efficiently as possible.
At Siri & Glimstad LLP, we have represented hundreds of clients in citizenship proceedings. Our motto is simple – Dedication, Efficiency, and Commitment to the end goal.
We also handle many other types of immigration cases including but not limited to:
- Adjustment of status cases with and without vaccine waiver
- Consular cases with vaccine waiver
- Business immigration – Religious visa, PERM, TN visa
- Asylum
- Removal of conditions of permanent residence
If you or a loved one need help with any issues concerning immigration, including any not mentioned here, please contact us by filling out the form or call us directly at 212-532-1091.