In the previous chapter, Who is Eligible for DACA, we discussed the basic requirements that an individual must meet in order to be considered eligible to become a DACA recipient aka DREAMer. The process in applying for DACA is discussed here next.

USCIS Required Forms & Biometrics

If you are a first time DACA applicant, you will need to completely and accurately fill out the following USCIS forms:

• Form I-821-D: Consideration of Deferred Action for Childhood Arrivals
• Form I-765: Application for Employment Authorization

As a first time DACA applicant, you will also need to set up and attend a biometrics appointment at a local USCIS office. A biometrics appointment consists of having your picture and fingerprints taken. The applicant will also be asked to sign his or her name. There is no blood drawn or DNA taken in a biometrics appointment. This is done to not only enter the applicant into the Department of Homeland Security database, but also to ensure that the applicant does not have a criminal history or past immigration violations. There is no interview or discussion about your case at the biometrics appointment. The people who will take your fingerprints and photos at a biometrics appointment are not typically USCIS officers, so don’t expect to have any questions answered about your case.

DACA Required Supporting Documentation

When you submit a DACA application, you are also tasked with submitting a significant amount of supporting documentation to prove that you meet all the requirements to qualify for DACA status. You are expected to include the following documentation with your DACA application:

1. Proof of identity: You can prove your identity with a foreign passport or ID issued by your country of origin. A birth certificate with photo identification is also acceptable, as well as a school or military ID with a photo.
2. Proof you entered the United States before your 16^th birthday: This can be proven with your passport if it includes the correct admission stamp. This could also include your Form I-94/I-95/I-94W, any school or travel records, hospital or employment records, or even birth certificates of any children born in the United States. Copies of relevant bank transactions, mortgages, insurance policies or rental agreements can also be submitted as proof that you entered the U.S. before you turned 16 years old.
   
3. Proof of residence prior to 16^th birthday, if you left and came back: Copies of school records, bank statements, any proof of employment, or tax returns can be submitted for proof of residence.
   
4. Proof of continuous residency since June 15, 2007: Copies of rent receipts or utility bills can be used along with any employment, school, or military records. Bank statements along with any deeds, mortgages, or rental agreement contracts are considered strong proof of residency. You will have to prove your continuous residency up until the date of your DACA application.
   
5. Proof that any absence from the United States since 2007 was brief: This can be proven by submitting travel documents, passport stamps, and proof of hotel or other accommodations. The main point here is that your intended period of travel was short and not intended for a long period of absence.
   
6. Proof of presence in the United States on June 15, 2012: This was the date that President Obama first announced the adoption of DACA. You must have been present in the United States on this day in order to apply for DACA. You can prove this through the same types of documentation listed in the previous requirements listed above (i.e., copies of rent receipts or utility bills can be used along with any employment, school, or military records).
   
7. Proof that on June 15, 2012 you did not have a lawful status: This can be shown by a final order of exclusion, deportation or removal issued as of June 15, 2012. Copies of any charging documents that place you into removal proceedings or copies of any expired Form I-94/I-95/I-94W can also be submitted to prove your unlawful status on June 15, 2012.
   
8. Proof of student status: You can prove your status as a student in the United States by submitting official school records such as transcripts or report cards from the school that you currently attend. If you have completed your high school diploma or GED, then you can submit those as proof that you meet the student requirement.
   
9. Proof of honorable discharge from U.S. Armed Forces: If you are a United States Military veteran, then you can prove your honorable discharge through a Form DD-214 (Certificate of Release or Discharge from Active Duty) or NGB Form 22, (National Guard Report of Separation and Record of Service). You can also submit your military personnel and health records to prove your honorable discharge from the United States Armed Forces.
   
10. Proof of any prior removal: This includes a copy of the removal order itself, and any documents from the Board of Immigration Appeals (BIA) or the immigration judge in any prior case. 
    
11. Proof of criminal history: If there are any prior criminal charges or interactions with the police, then you will need all documents related to your case, even if charges were not filed. If you were convicted of a crime which was later expunged or set aside in some way, then you will need to submit a court-certified copy to prove this to USCIS. 

This may not be all the documents that you need to include in your specific DACA application. If you fail to submit a form or leave any section incomplete, then USCIS will reject your application. It is important to speak to an experienced immigration attorney about your DACA application and what is necessary to have the best chance at success. Our attorneys at You Are Home are happy to answer your questions about DACA and are ready to help you submit your application today.

What Happens if USCIS Grants DACA in Your Case?

If USCIS approves your DACA application and grants you DACA status, then you will receive a notice in the mail that you have been approved for DACA. Your employment authorization will be mailed to you separately.

What Happens if USCIS Denies DACA in Your Case?

If USCIS denies granting you DACA, then that decision is final. You do not have the option to appeal the denial, nor are you able to file a motion to reconsider or reopen the case. You may be subject to a notice to appear by United States Immigration and Customs Enforcement (ICE) if your case involves a criminal offense, fraud, or a threat of public safety or national security. 

What About DACA Form I-821D?

Now that we understand the application process for DACA and what supporting documentation is required to be submitted with your USCIS forms, it is important to fully understand these forms and fill them out completely. A deeper look at the main DACA form is discussed in the next chapter: What is DACA Form I-821D?