Frequently Asked Questions:
Deferred Action for Childhood Arrivals (DACA)

In short, the term “DACA” stands for Deferred Action for Childhood Arrivals, which is an immigration policy initiated by the Obama administration in 2012. For the most part, It offers temporary protection from deportation and work authorization to specific individuals who were brought to the United States as children. However, it is essential to note that the requestors for DACA status must meet the eligibility criteria.

At the present time, the main eligibility requirements include:

• • arrival in the U.S. before the age of 16,
  • a continuous residence since June 15, 2007,
  • a clean criminal record,
  • being under the age of 31 as of June 15, 2012, and
  • currently being in school, having graduated, or having obtained a GED.

The short answer is, No.  DACA does not provide a direct path to citizenship. It’s a reprieve from deportation and provides eligibility for a work permit in the United States. However, DACA status holders may be eligible to apply for permanent resident status, which may allow them to apply for U.S. citizenship in the future.  

Generally, DACA recipients could apply for advance parole which allows temporary departure and re-entry into the U.S. for humanitarian, educational, or employment reasons. However, the application is subject to approval, and it’s recommended to consult with an immigration attorney before travel.

All things considered, DACA protection and the associated work permit are typically valid for two years. Hence, it needs to be renewed.

Yes, DACA is a discretionary and revocable benefit. Certainly, it can be revoked if the recipient does not continue to meet the requirements or if they are found to be a threat to public safety or national security.

As has been noted, certain criminal offenses, including felonies and significant misdemeanors, can terminate DACA status and lead to deportation proceedings.

The application process involves submitting Form I-821D, Form I-765, and Form I-765WS to USCIS, along with the required fees. It’s recommended to seek legal advice to ensure all the requirements are met and the application is properly filled out.

The total fee is $495, which includes a $410 fee for the I-765 form (Application for Employment Authorization) and an $85 fee for biometrics.

DACA must be renewed every two years. It’s recommended to apply for renewal about 120 to 150 days before the expiration of the deferred action.

If a DACA renewal application is denied, there is generally no opportunity to appeal the decision. Sometimes, it may lead to a referral to immigration court proceedings.

At this point, DACA recipients cannot enlist in the U.S. military. Only U.S. citizens, U.S. nationals, and lawful permanent residents can join the military.

Yes. In most states, DACA recipients can apply for a driver’s license. The rules vary by state, so checking with the local Department of Motor Vehicles is best.

Indeed, the eligibility criteria for in-state tuition fees for Deferred Action for Childhood Arrivals (DACA) recipients differ across states. Certain states have established laws or policies that enable DACA recipients to benefit from in-state tuition at public colleges and universities, while others haven’t laid down such provisions. The latest data shows that 23 states, along with D.C., grant undocumented students – those possessing DACA status included – the advantage of in-state tuition. Four states extend this concession to some universities, while seven confine it to DACA recipients only. Eight states remain ambiguous with their in-state tuition policies. In comparison, another eight states outrightly deny access to in-state tuition for undocumented students, embracing DACA recipients and those without proper documentation.

Generally, financial aid accessibility for DACA recipients varies based on state and institution. In 17 states, including D.C., policies offer state financial aid to undocumented students, encompassing DACA recipients. Nevertheless, it’s pertinent to note that DACA recipients are excluded from eligibility for federal financial aid.

Yes. Once granted, DACA recipients can apply for a Social Security number.

After all, unfortunately, DACA recipients are not eligible for health insurance through the Affordable Care Act’s Health Insurance Marketplace. However, they may qualify for state, employer-sponsored, or private health insurance plans.

Yes. Generally, DACA recipients with valid work permits are eligible to purchase homes and apply for mortgages in the United States. 

DACA recipients must pay income taxes just like U.S. citizens and permanent residents. They can file taxes using their Social Security number.

Yes. DACA recipients can start a business. However, they should seek legal and financial advice as the rules can be complex and vary by state.

While DACA provides certain protections to the recipient, it does not extend any immigration benefits to family members. It is important to note that each family member must separately qualify for legal immigration status.

The key point is that marrying a U.S. citizen or lawful permanent resident does not automatically change a DACA recipient’s immigration status. They may be eligible to adjust their status through their spouse, but this process requires legal assistance.

When a person applies for DACA, they provide information to the government that could be used for immigration enforcement. However, USCIS policy generally restricts sharing this information for immigration enforcement.

The processing time can vary, but it generally takes several months. It’s recommended to apply well before the need for deferred action or work authorization.

According to Immigration laws, Advance Parole is a document that allows DACA recipients to travel abroad for humanitarian, educational, or employment reasons and return to the United States. However, keep in mind that it must be applied for and granted before leaving the United States. 

Generally speaking, proof of continuous residence can include school records, medical records, employment records, tax documents, and other official documents that show the applicant’s presence in the United States. 

Generally, DACA recipients can volunteer or work in any field that does not require a security clearance or lawful immigration status beyond what DACA provides.

Generally, DACA recipients are not eligible for most federal public benefits, including means-tested benefits such as SNAP (food stamps), regular Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF). However, in some life-or-safety situations, they may be eligible for benefits like emergency Medicaid or access to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). In addition, 26 states make immigrants eligible for certain state-funded benefit programs.

Yes. Regardless of status, all immigrant children have access to public education and are eligible to attend public schools for grades K-12. Also, they are eligible for the Head Start program as it is not considered a federal public benefit program.

It is worth noting that an attorney can provide invaluable assistance in the DACA application process. After all, a licensed attorney can help determine eligibility, guide applicants through the process, help gather necessary documentation, assist in completing the application forms correctly, and provide advice on potential impacts on the applicant’s immigration status.