DACA

Insights into Immigration Relief Options

The US District Court for the Southern District of Texas imposed an injunction on July 16, 2021 (affirmed by the 5th Circuit) permanently enjoining DHS from granting DACA to new applicants, but it did not cancel existing DACA status for people in good standing. Benefits for eligible individuals include a two-year lawful status to reside in the US, the ability to apply for driver's licenses, and the ability to seek approval to leave and re-enter the country.

DACA Requirements

To be eligible for DACA, you must meet all of the following criteria:

  • Under 31 years of age on June 15, 2012 (born on or after June 16, 1981)
  • Came to the United States before reaching 16 years of age
  • Lived continuously in the United States since June 15, 2007
  • Physically present in the United States at time of filing and on June 15, 2012
  • Did not have lawful immigration status on June 15, 2012, or at time of filing
  • Currently enrolled in school, graduated high school or obtained a certificate of completion, obtained a GED, or were an honorably discharged veteran
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety

DACA Filing Process

You will need to collect and submit the following documentation:

  • Proof of identity: passport, national ID, birth certificate with photo ID, school or military ID, or a US government immigration document with photo
  • Proof of entry before age 16: passport with admission stamp, school records, Form I-94, travel records, INS/DHS document stating entry date, employment records, hospital or medical records
  • Proof of immigration status as of June 15, 2012
  • Proof of continuous presence in the US on June 15, 2012 and continuous residence since June 15, 2007 (rent receipts, utility bills, employment records, school records, bank transactions, etc.)
  • Proof of student status at time of request if applicable (school records, diploma, GED certificate)
  • Complete Form I-821D, Form I-765, and Form I-675 Worksheet; mail to the appropriate USCIS Lockbox; visit an ASC for biometric services

Our firm understands how frightening many aspects of this process can be for people, but we will know how to walk you through the entire journey and make everything as simple as possible. You can call (213) 388-1821 or contact us online to receive a consultation with our Los Angeles DACA lawyer.