Deferred Action for Childhood Arrivals or DACA is a policy enabled in 2012 that delays the deportation of persons who entered the USA as children without documentation. The procedure implies filing a request for a deferred action with the United States Citizenship and Immigration Services (USCIS), as it is not granted automatically.
Below, our immigration attorneys in the USA explain how to file for Deferred Action for Childhood Arrivals (DACA) and the conditions to obtain protection under this status.
Who is eligible for a deferred action?
One of the most important things to consider about DACA is that it is granted only if the USCIS considers it has sufficient grounds to do so. For this purpose, the following categories of immigrants can file for such an action:
- foreign citizens who were born on or after June 16, 1981, and who were under the age of 31 as of June 15, 2012;
- people who emigrated to the United States before turning 16 years old;
- those who have lived in the USA continuously since June 15, 2007, when they submitted their DACA application;
- people who were physically present in the country on June 15, 2012, at the time they filed the DACA application;
- people who were not legal immigrants on June 15, 2012, when they submitted the deferred action application;
- people who are enrolled in school, have completed high school or received a certificate of completion, have earned a General Education Development (GED) certificate;
- veterans of the United States Coast Guard or armed forces of the United States;
- people who have not committed any offense while on US territory.
Considering the complexity of a Deferred Action for Childhood Arrivals application, we strongly advise you to discuss our immigration lawyer in Miami about your eligibility criteria.
If you are wondering if you are eligible for a US Green Card under this status, you can discuss your situation with our attorneys.
Steps to file for a deferred action
The procedure to obtain DACA protection in the United States requires a lot of attention. Our lawyers can assist in:
- gathering all the documents that need to be filed with the USCIS;
- complete the application forms issued by the USCIS;
- create a DACA account on the USCIS website;
- file the documents;
- submit your biometric data with the nearest Visa Application Support Center.
Our Miami immigration lawyers are also at the service of people who need other legal services, such as applying for spouse visas in the United States.
Documents required when filing for Deferred Action for Childhood Arrivals
Here is the list of documents you need to file when applying for the DACA status:
- valid identification papers (passport, birth certificate, documents issued by US authorities that also have a photograph);
- proof of entering the United States before turning 16 years old;
- documents attesting to your immigrant status;
- proof of being in the USA on June 12, 2012;
- proof of residing in the United States since June 12, 2007;
- documents attesting your current occupation (studentship, discharged army officer, etc.).
Our US immigration lawyers can assist you put together the documents indicating you meet the requirements for Deferred Action for Childhood Arrivals.
DACA beneficiaries in the USA
According to recent information:
- at the end of 2022, there were about 580,000 DACA recipients in the USA;
- 28% of them lived in California;
- 17% of the recipients lived in Texas;
- 5% lived in New York, and 4% in Florida.
If you need assistance in applying for Deferred Action for Childhood Arrivals, do not hesitate to get in touch with our immigration specialists. They are also at your service if you want to apply for a US investor visa.