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What Do I Need to Apply for DACA?

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There has been lots of ups and downs with Deferred Action. Thankfully, there is a lot more clarity now. First time or initial DACA applications can now be submitted to USCIS. USCIS is also accepting applications for advance parole. Although there is a current federal lawsuit pending, since Biden will be the next president, it is highly likely DACA will remain in place during his presidential term.

First Time DACA Applications – Who Can Apply?

In order to qualify for Deferred Action, you have to prove eight things:

  1. You're under 31 years of age as of June 15, 2012. In other words, you were born after June 15, 1981.
  2. You are at least 15 years old at the time of filing the DACA application.
  3. You've entered the USA before you turned 16 years of age. If you came while you were already 16 years old, you are likely ineligible unless you previously entered the USA.
  4. You've continuously resided in the USA since June 15, 2007 up to the present. Some minor exits may be okay, but if you’re unsure, contact us for a consultation at 559-387-4228.
  5. You were physically present in the USA on June 15, 2012, and at the time of making the request for DACA.
  6. You did not have any lawful status on June 15, 2012.
  7. You are currently in school, graduated high school, obtained a certificate of completion from high school, or obtained your GED.
  8. You've not been convicted of a felony or significant misdemeanor, or 3 or more non-significant misdemeanor offenses.

If you are unclear about any of these requirements, contact our office for a consultation at 559-387-4228.

How Much Does DACA Cost?

As of May 25, 2021, the DACA application cost is $495. This fee includes the biometrics and DACA application cost. To pay for the DACA fee, you can submit money order, personal check, cashier check, or even use a credit card. To use a credit card, you must use USCIS's credit card form. There is no waiver for the DACA fee.

Advance Parole for DACA

To qualify for advance parole, you must currently have Deferred Action for Childhood Arrivals. You cannot include an advance parole application at the same time you file an initial, first time DACA application. Once your application is approved, then you can proceed with an advance parole application. The benefit of obtaining advance parole is that it can allow you to become a legal permanent resident here in the USA rather than the country where you were born.

There are only a handful of reasons that USCIS approves advance parole applications. The first reason is for humanitarian purposes, such as traveling to obtain medical treatment or visiting a funeral. Secondly, is for education reasons. This may include a study abroad program. The third reason is for employment purposes. If you have overseas interviews trainings or meetings with clients, this may be a valid reason to apply.

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DACA Renewals

If you were already granted DACA, then you should be able to renew your work permit. In addition, there are various nonprofit organizations that assist with renewals. Fore more help, contact a local nonprofit you trust.

If you’re not sure whether you may qualify, contact us to schedule a consultation at 559-387-4228.

 

If you have questions on obtaining a green card with Deferred Action, read our article.

Legal Resources

  1. USCIS Website
  2. ILRC DACA