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Deferred Action for Childhood Arrivals (DACA) benefits undocumented immigrants who entered the U.S. as children by offering a pardon from deportation and the opportunity to remain in the U.S. with a work permit.
Consideration of Deferred Action for Childhood Arrivals (DACA) was created by the Department of Homeland Security (DHS) to benefit children brought illegally to the USA by their parents, or other relatives and that did not break any immigration laws intentionally. Individuals who grew up, lived and worked in the U.S. and that demonstrate that they meet the requirements may request DACA for a period of two years, subject to renewal, and may be eligible for employment authorization. Learn more about the 2017 DACA announcement.
To apply for DACA you must file Form I-821D.
You may request consideration of deferred action for childhood arrivals (DACA) if you meet the following requirements:
You will be required to provide official written proof in the form of documentation, certificates, diplomas, medical and financial records, household confirmation, report cards, educational transcripts, etc.
Note: Getting your Deferred Action application approved will postpone your deportation period by two (2) consecutive years. Once this period of time has expired, you might be eligible to apply for a Deferred Action for Childhood Arrivals renewal. Learn more about the DACA here.
You will need to submit evidence showing that you meet the eligibility requirements. If deemed necessary, USCIS will send a Request for Evidence, explaining the required information.
Note: If you are unable to provide such documentation or if it is not available, you must provide an explanation, including a description of your efforts to obtain such evidence.
Make sure to include all the necessary documentation required for this process before submitting your application. Incomplete applications may be delayed or rejected.
If you do not have a required document and are unable to obtain a certified copy of the original, please send a certification from the person or authority that originally issued the document explaining why it cannot be provided. The USCIS will consider documents such as notarized affidavits in such cases.
Processing time may vary based on the USCIS case load, the USCIS office where you filed, and if your DACA application was submitted correctly and error free.
Once your application is accepted, you will receive a receipt notice that your application is being processed, this may take up to three (3) weeks, after having filed your DACA request. The receipt notice is formally known as Form I-797C, Notice of Action.
After you receive the Receipt Notice, you will receive an Appointment Notice requesting your presence at your local Application Support Center to have your fingerprints taken. Failure to appear to be fingerprinted or for other biometric services may result in the rejection of your application.
The USCIS will notify you, in writing, of the final decision. You cannot appeal or motion to reopen/reconsider the decision. Processing times for Form I-821D vary.
If your application is approved, you will receive your Employment Authorization Card (EAD) in the mail, on average 3-6 months after having filed your DACA application.
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