In recent years, the Deferred Action for Childhood Arrivals (DACA) program has been at the forefront of immigration discussions in the United States. Created in 2012 by the Obama administration, DACA aims to provide temporary relief from deportation and work authorization to certain undocumented immigrants who came to the United States as children. Understanding who is eligible for DACA is crucial for those seeking protection under this program. In this article, we will delve into the criteria that determine DACA eligibility and provide insights into the application process.
Background of DACA
Before diving into the eligibility criteria, it’s essential to understand the background and purpose of the DACA program. DACA was established to provide a pathway to legal status for individuals who were brought to the United States as children, often referred to as “Dreamers.” These individuals may have grown up in the U.S., attended school, and built their lives here but lacked legal immigration status due to circumstances beyond their control.
Through DACA, eligible individuals can request deferred action, which temporarily protects them from deportation and grants them the ability to work legally in the United States. While DACA does not provide a pathway to citizenship or permanent residency, it offers vital relief from the fear of deportation and enables recipients to contribute to their communities and the economy.
Eligibility Criteria
To qualify for DACA, individuals must meet a set of specific criteria outlined by U.S. Citizenship and Immigration Services (USCIS). These criteria include:
1. Age Requirement: Applicants must have been under the age of 31 as of June 15, 2012, the date when DACA was introduced. Additionally, they must have arrived in the United States before turning 16 years old.
Continuous Residence: Applicants must have resided continuously in the United States since June 15, 2007. Any absences from the country must have been brief, casual, and not interruptive of their residency.
2. Educational or Military Status: Applicants must be enrolled in school, have graduated from high school, obtained a GED certificate, or be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.
3. Criminal Background: DACA applicants must not pose a threat to national security or public safety. They must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors of any kind.
4. Date of Entry: Applicants must have been physically present in the United States on June 15, 2012, and at the time of making their DACA request.
5. Age Requirement for Initial Application: Individuals must be at least 15 years old at the time of their DACA application, unless they are currently in removal proceedings or have a final removal or voluntary departure order.
6. Approval of Request: DACA applicants must pass a background check and be approved by USCIS to receive deferred action and work authorization.
Meeting these criteria is essential for individuals seeking protection under DACA. It’s crucial to note that DACA recipients must renew their status every two years and continue to meet the eligibility requirements to maintain their protected status and work authorization.
Application Process
The process of applying for DACA involves several steps, including gathering documentation, completing forms, and submitting the application to USCIS. Here’s a brief overview of the DACA application process:
1. Gather Documentation: Applicants must gather supporting documents to demonstrate their eligibility, such as proof of identity, age, entry into the United States, and educational or military status. They may also need to provide documentation of any criminal history, if applicable.
2. Complete Forms: DACA applicants must complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals, along with Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet. These forms collect information about the applicant’s background, immigration history, and eligibility for DACA.
3. Pay Fees: There are fees associated with filing the DACA application, including a biometric services fee for fingerprinting and background checks. USCIS offers fee waivers for applicants who demonstrate financial need.
4. Submit Application: Once the forms are completed and the required documentation is gathered, applicants must submit their DACA application package to USCIS by mail. It’s essential to follow the instructions carefully and include all necessary materials to avoid delays or rejection.
5. Wait for Decision: After submitting the application, applicants must wait for USCIS to process their request and make a decision on their DACA eligibility. This process can take several months, during which USCIS may request additional information or documentation.
6. Receive DACA Approval: If USCIS approves the DACA application, the applicant will receive a Notice of Deferred Action, granting them temporary protection from deportation and work authorization for a period of two years. They may then apply to renew their DACA status before it expires.
Navigating the DACA application process can be complex, and applicants may benefit from seeking assistance from immigration attorneys or accredited representatives to ensure their applications are prepared correctly and submitted on time.
Conclusion
The DACA program provides vital relief and opportunities for undocumented immigrants who came to the United States as children. By understanding the eligibility criteria and following the application process diligently, eligible individuals can seek protection from deportation and obtain work authorization to build better lives for themselves and their families in the United States. Despite ongoing debates and legal challenges surrounding DACA, it remains a crucial lifeline for Dreamers striving to achieve their dreams and contribute to society.
