In the previous chapter, President-Elect Biden’s Promise to Reinforce and Expand DACA, we finished the first half of You Are Home’s DACA guide which covered important information relating to DACA’s past, present, and future. The second half of our book will explain what you need to know about applying for DACA. The requirements to be eligible for DACA status and other related information are discussed here next.

DACA Briefly Explained

Deferred Action for Childhood Arrivals (DACA) is an immigration policy first adopted and implemented by President Barack Obama which seeks to allow certain undocumented noncitizens a renewable two-year period of deferral from deportation. DACA was implemented in response to Congress’s inability to pass the DREAM Act. DACA protects the same individuals that the failed DREAM Act intended to protect. The individuals that DACA protects are those who entered the United States unlawfully as children with their parents. The renewable two-year deferral period also allows qualifying individuals to receive work authorization so they also can legally work in the United States. It is important to note that DACA does not grant permanent lawful status nor a path to citizenship. U.S. Citizenship and Immigration Services (USCIS) began accepting DACA applications on August 15, 2012.  

DACA Eligibility Requirements

DACA really only applies to a certain specific group of people because of its requirements for eligibility. To be eligible to become a DACA recipient or “DREAMer,” applicants must meet the following eligibility requirements:

• Must have entered the United States before their 16^th birthday,
• Must have lived continuously in the United States since June 15, 2007
• Must be under the age of 31 on June 15, 2012 (applicant birthdate is on June 16, 1981 or later)
• Must have been physically present in the United States on June 15, 2012 and when applying for DACA
• Must have had no lawful immigration status or presence on June 15, 2012
• Must meet certain education or service requirements which include one of the following:
• Completed high school,
• Completed General Education Development (GED),
• Currently enrolled in school, or
• Were honorably discharged from a branch of the United States Military
• Must have never been convicted of a felony charge or a serious misdemeanor 
• Must have not been convicted of three or more misdemeanors
• Must not pose a threat to public safety or national security

An applicant is required to submit a number of forms in order to prove his or her eligibility for DACA benefits. An applicant must submit the following forms along with any necessary supporting evidence or documentation: 

• I-821-D, Consideration for DACA, 
• I-765, Application for Employment authorization, and
• I-765WS Worksheet.

It is important to note that even if you meet all of these requirements, it does not guarantee acceptance into the DACA program. Any questions about your specific circumstances should be directed at an experienced immigration attorney. Our attorneys at You Are Home are available and happy to help answer your questions.

Travel Eligibility for DACA Recipients

DACA recipients are allowed to travel abroad only if they have previously been approved for Advance Parole. Advance Parole is a permission that is granted to non-citizens to allow them re-entry in the United States after traveling abroad for a short period of time. Travel for pleasure is not considered a valid reason for seeking Advance Parole. Examples of valid reasons and circumstances in seeking Advance Parole include:

• The desire to travel abroad for educational purposes;
• The desire to travel abroad for employment purposes;
• The need to travel to obtain life-sustaining medical treatment that is not otherwise available here to the applicant;
• The need to travel to support the immediate safety, well-being or care of an immediate relative; or
• The need to travel support United States national security or federal law enforcement interests.

The most common reason for the acceptance of Advance Parole is due to the need to visit gravely sick family members. USCIS will review and decide on each application for Advance Parole on a case-by-case basis. It is important that you verify that your DACA status will be valid during your entire trip abroad as well as when you return to the United States. Our attorneys at You Are Home can help you prepare and submit your Advance Parole application.

DACA Renewals

If you are currently a DACA recipient and are looking to renew your DACA status, then you may request a two-year renewal if the following guidelines are met:

• You met all of the initial 2012 DACA requirements;
• You did not leave the United States on or after August 15, 2012 without Advance Parole;
• You have continuously resided in the United States since your most recent DACA application approval; and
• You have not been convicted of a felony, serious misdemeanor or three misdemeanors; and
• You don’t pose a threat to public safety or national security.

It is important that you file your renewal application during the 30-day period which starts when you have 150 days left until your DACA approval expires. 

Important DACA Statistics

Approximately 700,000 young people in the United States today are currently approved and receive the benefits of DACA. This is in addition to the estimated 1.3 million DACA-eligible DREAMers living in the United States today. The average DREAMer entered the United States around the age of seven and is now approximately 25 years old. It is important to understand that DREAMers grew up in the United States and went to school in the United States for most all of their lives, attending elementary, middle and high schools. Many DREAMers have either earned university degrees or are currently attending school. DREAMers and their families account for $5.7 in annual federal taxes paid. It has been proven that DACA recipients have a significant positive impact on both the United States population as a whole and the economy. If you have any questions about DACA eligibility, it is important that you speak to an experienced immigration attorney who can best help you. Now that we understand the eligibility requirements to be a DACA recipient, it is important to take a look at how you actually apply for DACA. This is discussed in the next chapter: How Do You Apply for DACA?