Your Ultimate Guide to Applying for DACA

Andres Hernandez • November 7, 2023

Deferred Action for Childhood Arrivals (DACA) provides an opportunity for undocumented immigrants, who came to the United States as children, to stay in the country without fear of deportation. The program, introduced in 2012, provides a two-year work permit and protection from deportation for eligible individuals. However, applying for DACA can be a daunting process, especially if you’re unfamiliar with the requirements and procedures. In this blog post, we’ll guide you through the process, detailing the documents you need, how long it takes to apply, and how an attorney can help you navigate the process.


Eligibility: First and foremost, to be eligible, you must have arrived in the United States before your 16th birthday, lived in the country for at least eleven years, and be at least 15 years old. Furthermore, you should not have a criminal record or pose a threat to national security. Once you’ve determined that you’re eligible, you’ll need to gather the necessary documentation.


Required Documents: The required documents include an identification document, such as a passport or birth certificate. Additionally, you’ll need to provide proof that you’ve lived in the United States for at least five years before June 15, 2012. This can be done through school transcripts, utility bills, lease documents, and medical records. Lastly, you’re required to prove that you’re currently studying, graduated, or have a valid school diploma or GED.


Application Process: The application process involves submitting Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to the United States Citizenship and Immigration Services (USCIS). You’ll also need to submit two other forms and pay a non-refundable $495 fee. After submitting your application, you’ll receive a notification confirming receipt of your application and a biometrics appointment, where your photograph and fingerprints will be taken.


Processing Time: The current processing time for DACA applications is around 4-6 months. However, the processing time could vary based on your location and how many applications are being processed at the time of your application.


How Can an Attorney Help: Applying for DACA can be overwhelming, especially if you’re unaware of the legal requirements and procedures involved. An attorney can guide you through the process, ensure you complete the necessary paperwork correctly, and provide you with expert advice on how to make your application successful.


Applying for DACA isn’t an easy process, but it can be successful with the right guidance and preparation. By understanding the eligibility criteria and gathering the necessary documents, you’re on your way to a successful application. The process can be long and complicated, but with the right legal representation, you have a higher chance of success. We hope this guide has been helpful in answering your questions about DACA. If you want to apply for DACA or need legal representation, we’re here to help.

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Deferred Action for Childhood Arrivals (DACA) is a critical program that provides protection and opportunities for many young immigrants, often referred to as "Dreamers." At AGH Law in Missouri, we understand the importance of DACA for individuals and families, and we’re here to provide guidance on how Dreamers can navigate this program.  What Is DACA? DACA is a federal immigration policy introduced in 2012 that offers temporary protection from deportation for individuals who were brought to the United States as children. While DACA does not provide a path to permanent residency or citizenship, it allows recipients to apply for work permits, obtain driver’s licenses, and pursue higher education in the U.S. Who Qualifies for DACA? To be eligible for DACA, individuals must meet several criteria, including: Age Requirement: You must have been under 31 years of age as of June 15, 2012, and have entered the U.S. before your 16th birthday. Continuous Residence: You must have continuously resided in the U.S. since June 15, 2007. Physical Presence: You must have been physically present in the U.S. on June 15, 2012, and at the time of your application for DACA. Education and Military Service: You must be currently in school, have graduated, or obtained a GED, or be an honorably discharged veteran of the U.S. military. No Serious Criminal Record: Individuals with a significant criminal record, such as felonies or multiple misdemeanors, are not eligible. Benefits of DACA for Dreamers For many Dreamers, DACA has provided a sense of security and opportunities to pursue their dreams. The key benefits include: Protection from Deportation: DACA offers temporary relief from deportation for two years, renewable for additional two-year periods. Work Authorization: Dreamers with DACA status are eligible to receive a work permit, allowing them to work legally in the U.S. Education Opportunities: DACA recipients can pursue higher education and may be eligible for scholarships, financial aid, and in-state tuition in some states. Driver’s Licenses: DACA recipients can apply for driver’s licenses, allowing greater independence and mobility. The Future of DACA DACA has faced legal challenges over the years, and its future remains uncertain. While the program continues to provide temporary relief for Dreamers, court rulings and political changes could impact its status. It’s important for DACA recipients and prospective applicants to stay informed about developments in immigration law and policy. DACA Renewals and the Importance of Legal Assistance If you are already a DACA recipient, you will need to renew your status every two years. It is critical to apply for renewal well before your current status expires to avoid any lapses in protection and work authorization. Missing the renewal deadline could lead to gaps in coverage or complications with your employment or education status. At AGH Law, we recommend that all DACA recipients consult with an experienced immigration attorney to ensure they are meeting all renewal requirements and exploring any other potential pathways to legal status. What to Do If DACA Ends? If DACA ends, Dreamers may face uncertainty about their immigration status and future in the U.S. In this situation, it’s important to consult with an immigration attorney to explore other potential legal options, such as family-based petitions, employment visas, or asylum applications. At AGH Law, we are committed to helping Dreamers protect their rights and plan for their futures, regardless of the political climate. We stay up to date on the latest immigration developments and provide personalized legal advice to help Dreamers navigate the complexities of immigration law. How AGH Law Can Help Dreamers in Missouri Navigating DACA and other immigration laws can be confusing and overwhelming, especially as policies shift. At AGH Law, we offer comprehensive legal services to help Dreamers with: DACA Applications and Renewals: We assist with the initial application process and ensure timely renewals to keep your status in good standing. Employment and Education Opportunities: We help Dreamers understand how DACA status affects their ability to work and pursue higher education. Legal Options Beyond DACA: We explore additional immigration options for Dreamers seeking permanent residency or other legal statuses. DACA continues to be a lifeline for thousands of Dreamers across the U.S., offering temporary protection and opportunities for work and education. However, with the future of the program uncertain, it’s essential for DACA recipients and those seeking DACA protection to stay informed and consult with experienced legal professionals. At AGH Law, we are here to support Dreamers in Missouri with personalized guidance and expert legal representation. If you are a Dreamer or have questions about DACA, contact AGH Law today to schedule a consultation and explore how we can help secure your future.