In the United States, the Deferred Action for Childhood Arrivals (DACA) program has been instrumental in providing a pathway to legal status for certain undocumented immigrants who arrived in the country as children. Established in 2012, DACA has offered relief to thousands of individuals, allowing them to pursue education, work, and other opportunities without fear of deportation. However, navigating the DACA application process can be complex, and understanding who is eligible to apply is crucial. In this article, we’ll delve into the intricacies of DACA eligibility, including what DACA is, the requirements for applying, a step-by-step guide to the application process, and the timeline for approval.
What is DACA Visa?
DACA, short for Deferred Action for Childhood Arrivals, is a program initiated by the Obama administration in 2012. It provides temporary relief from deportation and grants work permits to eligible individuals who were brought to the United States as children without proper immigration documentation. DACA recipients, often referred to as “Dreamers,” can legally reside and work in the U.S. for renewable periods of two years, subject to meeting certain criteria and maintaining a clean criminal record.
Requirements for Applying for DACA
To be eligible for DACA, individuals must meet several criteria outlined by the U.S. Citizenship and Immigration Services (USCIS). These requirements include:
Age Requirement: Applicants must have been under the age of 31 as of June 15, 2012. Additionally, they must have arrived in the United States before turning 16 years old.
Continuous Residence: Individuals must have resided in the U.S. continuously since June 15, 2007. Any absences must have been brief and occurred before August 15, 2012, or with advance parole authorization.
Educational Requirement: DACA applicants must be currently enrolled in school, have graduated from high school, obtained a GED certificate, or be honorably discharged veterans of the U.S. Armed Forces or Coast Guard.
Criminal Record: Applicants must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors. They should not pose a threat to public safety or national security.
Age Requirement for Initial Application: Individuals must be at least 15 years old to apply for DACA, unless they are currently in removal proceedings or have a final removal order.
It’s essential to note that meeting these basic criteria does not guarantee approval. Each application is considered on a case-by-case basis, and additional factors may influence the decision.
Step-by-Step Guide to Applying for DACA
Applying for DACA involves several steps, each requiring careful attention to detail. Here’s a comprehensive guide to the application process:
1. Gather Required Documents: Before starting your application, gather necessary documents such as proof of identity, evidence of continuous residence, educational records, and any additional supporting documentation.
2. Complete Form I-821D: Fill out Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This form serves as the primary application for DACA.
3. Fill Out Form I-765: Complete Form I-765, Application for Employment Authorization. This form is necessary to obtain a work permit if your DACA application is approved.
4. Prepare Form I-765WS: Fill out Form I-765WS, Worksheet, to calculate your financial need if applying for a fee waiver for the employment authorization document (EAD) filing fee.
5. Review and Organize Documents: Double-check all forms for accuracy and completeness. Organize your supporting documents as required by the USCIS guidelines.
6. Submit Application Package: Mail your completed forms, along with supporting documents and fees, to the USCIS Lockbox facility designated for your region. Be sure to use certified mail with a return receipt requested for tracking purposes.
7. Biometrics Appointment: Upon receiving your application, USCIS will schedule you for a biometrics appointment at a local Application Support Center (ASC) to collect fingerprints, photographs, and signatures.
8. Interview (If Necessary): In some cases, USCIS may require an interview to further assess your eligibility for DACA. Prepare thoroughly and attend the interview as scheduled.
9. Wait for Decision: After completing the necessary steps, await a decision from USCIS regarding your DACA application. This process may take several months.
10. Receive DACA Approval: If your application is approved, you will receive a DACA approval notice and an Employment Authorization Document (EAD) by mail.
How Long Does it Take to Get DACA Approved?
The timeline for DACA approval can vary depending on several factors, including USCIS processing times, the complexity of your case, and any additional requests for evidence or interviews. On average, DACA processing times range from six months to over a year from the date of submission.
However, it’s important to note that USCIS periodically updates processing times, and external factors such as policy changes or increases in application volume can affect timelines. Applicants should regularly check the USCIS website for updates on processing times and be prepared for potential delays.
Conclusion
In conclusion, DACA offers a lifeline to undocumented individuals who arrived in the United States as children, providing them with opportunities for education, work, and a semblance of stability. By understanding the eligibility requirements and following the step-by-step application process, eligible individuals can navigate the DACA application process with confidence, knowing that they are taking steps toward securing their future in the United States.
