Prior to 2012, many young Americans were faced with a legal purgatory, not being recognized as legal residents of the U.S. despite the fact that they had been raised in America. The Obama campaign passed the law now known as DACA in order to address the disparity between Americans who considered this country their home and the country that did not afford them legal recognition to achieve the same dreams as their peers.
For over 20 years, Weldon Law Group, PLLC, has been helping good people overcome legal immigration hurdles and achieve their American dreams. We understand what DACA means to young people who have not experienced a life outside of America and consider this great country their home–you deserve the same opportunities here as anyone else, which is why we have constructed this blog as your guide to DACA.
Read on to find out who is eligible for DACA relief and how you can go about applying for benefits. (For the most up-to-date DACA information, please call our firm, as our attorneys are familiar with the latest legal changes, or visit https://www.uscis.gov/DACA).
What Is DACA And What Are The Benefits?
Deferred Action For Childhood Arrivals, also known as DACA, is a law that went into effect in 2012 which allows relief for undocumented people who arrived in the U.S. during childhood. Migrants who arrived in the U.S. as minors are often called DREAMers, a name taken from the DREAM Act, which was a similar law that failed to pass under the administration of President Obama. As of 2023, there are over 500,000 DACA recipients of the estimated 3.6 million DREAMers within the United States.
When eligible individuals qualify for DACA, they are able to:
- Receive important documentation such as a driver’s license
- Be issued a social security number
- Qualify for a work permit in order to legally hold a job in the US
- Be protected from deportation
- Attend college and qualify for financial aid
- Become eligible for healthcare programs
- Be afforded opportunities for furtherance of the naturalization process
- And more!
Deferred action is good for two years and subject to further renewal assuming that you remain eligible. Laws relating to DACA are also always being updated–as of 2024, the Biden administration has announced that DACA recipients can be eligible for Marketplace coverage!
Who Is Eligible For DACA?
In order to qualify for DACA, you must meet several criteria to prove that you are eligible. Guidelines are quite stringent, and they specify that you:
- Must be under the age of 31 as of June 15, 2012
- Must have come to the U.S. prior to reaching age 16
- Must have resided permanently in the U.S. since June 15, 2007
- Must be physically present in the U.S. as of June 15, 2012 and at the time of filing for DACA relief
- Must have not had lawful immigration status on June 15, 2012
- Any lawful immigration status or parole must have expired by the above date
- Any lawful immigration status after the above date must have expired before applying for DACA relief
- Must be currently enrolled in school, graduated with a high school degree or GED, or are an honorary discharged member of the coast guard or armed forces
- Must not have ever incurred a felony, significant misdemeanor, three or more misdemeanors, or must not otherwise be a threat to national security
If you meet the above requirements, you can qualify for DACA!
How To Apply For DACA
In addition to meeting eligibility requirements, you will need to provide documentation and submit relevant paperwork in order to qualify for DACA. Documentation you need to provide includes:
- Proof of your identity, such as a passport, birth certificate, or school ID
- Proof that you arrived in the U.S. before your 16th birthday. This proof can be provided in the form of a passport stamp, medical records, schools records, and many more.
- Proof of your immigration status, such as Form I-94
- Proof of your presence in the U.S. on June 15, 2012 and proof that you have continuously resided in the U.S. since June 15, 2007. This type of proof can come in the form of employment or school records, rent or utility bills, military records, passport stamps, and many more.
- Proof of your student status, which can be established through documentation such as transcripts and diplomas.
- If relevant, proof that you are an honorably discharged veteran of the U.S. armed forces or coast guard.
In addition to providing this documentation as proof, you will also be expected to complete certain forms, including:
When you apply for DACA, you want to ensure that you avoid any mistakes on your application as they can jeopardize your access. Make sure you are completing the most up-to-date versions of the forms. Generally, fees associated with these forms cannot be waived.
After you have completed your application, you must make sure that you mail your forms to the appropriate USCIS Lockbox. You can create a USCIS account to check the status of your case, manage your information, and receive updates and notifications.
After your application has been received, you will need to visit your nearest Application Support Center for biometric services.
Weldon Law Group, PLLC, Wants To Help You And Your Family Achieve Your American Dream
With combined legal experience of over 20 years, you are not just a case number to the lawyers of Weldon Law Group, PLLC. Our lead attorney, Ian Weldon, experienced the immigration process firsthand as he helped his Peruvian wife through the legalities, which is why we can assure each of our clients that they will receive personalized, thorough attention. Ian Weldon has also been recognized among the top trial lawyers in the country, among other awards.
We can help you through your immigration needs so that you can take advantage of the opportunities that America affords its citizens. Reach out to schedule a free initial consultation and learn how we can help you achieve your American dream!