Guidance for DACA program

Guidance for DACA program


 USCIS is obeying the recent Court order which requires USCIS to accept new DACA applications, consider request for advance parole (travel permission), renew existing DACA status and work authorization for two years.

 

If you have DACA, you should apply for renewal of DACA and renewal of your work authorization six months before expiration. There will probably be a big rush of applications after the recent Court order, so it may take longer to get renewals.

 

If you have never had DACA (for example, you were too young), or if your DACA was denied and you think the denial was wrong, or if your DACA status has expired for over one year, you can submit a new application now. You should not delay.

 

To get ready to apply for the first time this is what you must do:

 

FIRST, review the seven requirements (link the requirements or anchor)

SECOND, gather the papers and records that show you meet the seven requirements;

THIRD, go to the USCIS website, and download and print out the three forms that are necessary:

FOURTH, fill out the forms as best you can, print them out on paper, and gather up all the supporting documents you have collected;

FIFTH, if you are a Dream Project Scholar, Alumni, or mentee contact Mr.Carlos Puerta for further instructions how to get one of our board member immigration lawyers to assist you. If you are not a Dream Project student, you can find an immigration lawyer to assist you at homeishere.us. Click here for a DACA Application Checklist.

 

To submit a new DACA application now, you must meet these seven requirements:

  1. Were under the age of 31 as of June 15, 2012;

    1. This would be proved by your birth certificate. If it is not in English, you or a friend or relative can translate. There is no need to pay a translator and translation need not be notarized.

  2. Came to the United States before reaching your 16th birthday;

    1. If you came with a visa, then you have a stamp in your passport.

    2. If you came without a visa and ICE caught you, you should have papers showing when you were caught.

    3. If you were not caught, you could use letter or transcript from school or a doctor’s letter or some other official paper to show that you were physically in the US starting on a certain date.

    4. If you don’t have that evidence, you will need to discuss your case with a lawyer.

  3. Have continuously resided in the United States since June 15, 2007, up to the present time;

    1. If you have been in school or have been in school and working, school transcripts or work evidence would help show this. Since it is now 2020 or 2021, you have to show that you have been here for 13 or 14 years. School and work records are the easiest way, perhaps combined with other papers like doctor records.

  4. Were physically present in the United States on June 15, 2012 and at the time of making your request for consideration of deferred action with USCIS;

    1. You have to show that you were here on two specific days: June 15, 2012, and the day you file your DACA application. School records (transcript and/or letter from your school) should do for this.

  5. Had no lawful status on June 15, 2012;

    1. This would usually not be a problem. A “lawful” status means one that has been approved. An asylum applicant would not be lawful status.

  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

    1. High school diploma, GED certificate or school records showing now in school.

  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors and do not otherwise pose a threat to national security or public safety.

    1. If you have been arrested, cited, charged, convicted for any criminal offense you must discuss this with a lawyer.

PHOTOGRAPHS: The I-765 must be filed with two passport-size color photos with white background.

FILING FEE: There is a filing fee of $495.

 

If you are a Dream Project Scholar, Alumni, or mentee and If you cannot afford the filing fee, you may apply for a loan from the Dream Project Herman Loan Fund. Applications from non-Dream Project students will not be considered. The $495 will have to be repaid over six months. If your loan is approved, the Herman Loan Fund will only issue the check to Department of Homeland Security. To apply, go to: https://www.dreamproject-va.org/wp-content/uploads/2017/10/Loan-Program-Application-2017-2018.pdf