DACA application requirements

In order for the DACA application to be successful for the first time in the US, you must meet certain requirements.

At Curbelo Law we understand that the DACA application process can be frustrating and confusing.

Rest assured, we are here to help you gather the necessary documents and guide you step by step in your application. Contact us today to receive the guidance you need.

Table of Contents

DACA Program Application Requirements In 2024

To apply for DACA for the first time in the US, you must meet the following eligibility requirements. Therefore you:

• Were under 31 years of age and did not have legal status on June 15, 2012.
• Came to the United States before you were 16 years old.
• Resided continuously in the US from June 15, 2007 to the present.
• Were physically present in the US on June 15, 2012 and at the time of filing.
• Are currently in school, have graduated, have a general educational development (GED) certificate, or are an honorably discharged veteran of the US Armed Forces or Coast Guard.
• Have not been convicted of a felony, a significant misdemeanor, or more than 3 misdemeanors.
• Do not pose a threat to national or public security.
• Are at least 15 years old at the time of application or are in deportation proceedings.

To verify your eligibility and receive expert guidance on preparing your application, consult with our immigration lawyers in New Jersey.

Terminology In The DACA application Requirements

To better understand the requirements for the DACA program, it is key to understand the terminology used in this immigration relief:

• Crime: Federal, state, or local criminal offense punishable by more than one year in prison.
• Significant Misdemeanor: Crime with a maximum penalty of up to one year in prison, but more than 5 days. It generally includes domestic violence, sexual abuse, drug trafficking, among others.
• Non-significant misdemeanor: Maximum penalty of up to one year in prison, but more than 5 days, without being a significant felony and with a jail sentence of 90 days or less.

Criminal laws sometimes intersect with immigration laws in what is known as “Crimmigration”. You can also find information about: “Can you get a Green Card with a misdemeanor”.

What Is The Definition Of DACA?

DACA or Deferred Action for Childhood Arrivals, is an immigration program established by President Obama.

This program offers protection from deportation to young undocumented immigrants (known as Dreamers) who were brought to the United States as children.

Under this program, eligible beneficiaries can obtain certain benefits, such as a work permit.

Are you facing deportation proceedings and do not qualify for DACA? Don’t worry, you may be eligible for cancellation of removal.

Documents Required To Apply For DACA For The First Time

These are the documents you need to apply for DACA for the first time:

• Proof of identity and age: You can use a passport, birth certificate, or ID card.
• Proof of arrival in the US before turning 16 years of age: This can be a copy of your passport with an entry stamp or another document showing your date of arrival.
• Evidence of continuous presence since June 15, 2007: It is not necessary to submit a document for each day, but it is recommended to have evidence every 2 or 3 months.
• Proof of physical presence on June 15, 2012: This could be school records or utility bills.
• Proof of lack of legal status on June 15, 2012: Documents indicating that you did not have immigration status on that date are accepted.
• Criminal Record: You may provide documents related to any contact with police.
• Proof of fulfillment of educational requirement: High school diplomas, GED, or any proof of enrollment in an educational program are accepted.

For more details and personalized legal assistance, contact our law firm today.

How Do I Prepare To Complete The DACA Application Forms?

To facilitate the first-time DACA application process and compile with the requirements, we advise you to:

• Collect all immigration history: Include date, place, and method of entry into the U.S. If you have had an immigration court case, collect all relevant information.
• List all your names: You should include any names you used while living in the United States.
• Record all your residential addresses: Make a list of the addresses where you have lived since arriving in the US. Also the period of time (month and year) you lived in each place.
• Document any prior legal status: Detail any legal status you had before June 15, 2012.
• Gather information about your education: This includes data about where you enrolled in school and start and end dates.

Other Recommendations For Applying For DACA

These additional tips will also help you in your application:

• Please do not send your original documents along with your application.
• Make photocopies of all your important documents and keep the originals in a safe place, as USCIS may request them in the future.
• If you submit documents in a language other than English, make sure they are fully translated.
• The translator must certify that the translation is faithful and complete.
• The certification must include date, name, address and signature of the translator.

How To Apply For DACA For The First Time In 2024?

If you meet the application requirements for DACA, then you must follow these steps to apply for it for the first time:

1# Determine Your Eligibility For DACA

Evaluate if you are eligible for DACA. If so, seek advice from an immigration attorney to understand the benefits and risks associated with the application.

2# Collect The Necessary Documents

Gather all documents to prove your eligibility for DACA for the first time. If you’re not sure which ones might work, feel free to contact us.

3# Prepare Your Application

Carefully complete the required forms. It is preferred that these be completed in typewriting, but can also be in black ink.

4# Submit The Application To USCIS

Mail completed forms along with the application fee. Payment can be made by check, money order, or check payable to US Department of Homeland Security.

5# Attend The Biometric Appointment

Go to your scheduled appointment for biometric data collection at a USCIS-designated center.

6# If Necessary, Respond To Any Request For Evidence (RFE)

Be prepared to respond to any request for evidence (RFE) you may receive. This may be required if any supporting documents are missing from your initial application.

7# Stay Informed And Updated

Throughout the application process, stay up to date with news and developments related to DACA. Additionally, regularly monitor the status of your case through the USCIS website.

This step-by-step approach can help you effectively navigate the DACA application process.

The Deferred Action program is just one of the different possible ways to avoid deportation. Therefore, it is possible that a foreigner may also be eligible for TPS. Check our blog “What is TPS status” to understand this relief more in depth.

What Happens After USCIS Has Received My DACA Application For The First Time?

Once USCIS receives your petition, you will receive a confirmation of receipt that will be used to track your application.

Subsequently, you will be sent a notification for a biometric data collection appointment at the nearest USCIS center. After completing it, you will receive a decision letter indicating whether the application has been approved or not.

If approved, you will also receive an employment authorization document (EAD). If there are missing documents in your application, you may receive an RFE.

What Happens After I Am Approved For DACA For The First Time?

Once your DACA application is approved and you receive your work permit, you may be eligible to apply for a Social Security Number (SSN).

In some states, DACA recipients can apply for:

• State ID card,
• Driver’s license,
• State financial aid,
• Medical care, and
• Other benefits.

You may be able to apply for permission to travel outside the country, but we recommend consulting with our attorneys first.

What Can I Do If My DACA Application Was Denied?

If your DACA application is denied, we recommend contacting an immigration attorney immediately. Only an attorney will be able to help you understand the reasons behind the denial and determine if you should reapply.

Some of the reasons why this request is rejected are:

• Ineligibility for DACA,
• Lack of documents, u
• Other negative factors in your case that led USCIS to deny it.

It is important to distinguish between rejections and denials. A denial indicates that USCIS has reviewed your application but concluded that you do not qualify for DACA.

On the other hand, a rejection occurs when USCIS returns the application package as incomplete, without having processed it. This usually happens when there is an incorrect payment.

Can I Appeal If My Application Is Rejected?

Under 8 CFR 23.23(c)(3) if USCIS denies your DACA request, you cannot appeal your immigration case or request reconsideration of the case.

Fortunately, USCIS will not issue a notice to appear or refer your case to ICE due to a DACA denial. Of course, if there are reasons related to crimes or fraud, this could happen.

How Do I Renew My DACA Status?

To renew your DACA status, it is important that you meet the following requirements:

Compliance With All Requirements Established For Renewal

Among these criteria, you:

• Must have resided continuously in the United States since you received your last DACA approval.
• Must not have left the country without a travel permit since August 15, 2012.
• Must not have convictions for felonies, significant misdemeanors, or 3 or more misdemeanors, nor pose a threat to national or public safety.

It is important to submit your DACA renewal application between 150 and 120 days (5 to 4 months) before the expiration of your current period.

Submit The Required Documentation

The DACA renewal process requires you to complete Forms I-821D, I-765, and I-765WS.

Include copies of your previous EAD and any other relevant documentation showing you meet the renewal requirements.

Steps To Renew DACA

After having completed all of the above, you must follow the following steps:

1. Complete the required forms.
2. Please review your documents carefully and include copies of your previous EAD and any other relevant evidence that shows you meet the renewal requirements.
3. Submit the application to USCIS.
4. After submitting your application, you will receive an appointment for biometric data and photography.
5. Wait for the decision from USCIS, who will review your application and send you a notification to inform you whether or not your DACA status has been renewed.

How Much Does It Cost To Apply For DACA For The First Time?

To apply for DACA for the first time, you will need to pay a total fee of $495. This fee includes the filing of Form I-765 with a fee of $410, as well as an additional fee of $85 for required biometric services.

When you apply online, you will be asked to make payment using a credit, debit or prepaid card.

The cost to renew DACA is $555 when done online or $605 if done on paper.

Are There Any Fee Waivers For Applying For DACA For The First Time?

There are no fee waivers for applying for DACA for the first time, unless you meet certain requirements that demonstrate a particular financial situation. For example, you may be considered for an exemption if:

• You have a serious disability and your income is less than 150% of the US poverty level, or
• You have accumulated $10,000 or more in unreimbursed medical debt in the last 12 months with a low income.

Additionally, if you are under 18 and lack financial support from parents or others, you may be eligible. Of course, you must send the appropriate documentation to support your request.

Frequently Asked Questions About the DACA application requirements

Can Undocumented Students Get Student Loans?

Undocumented students cannot access federal student aid.

This includes student loans through the Free Application for Federal Student Aid (FAFSA).

However, they can opt for scholarships and grants specifically for them.

The requirements for first-time DACA can be complex for certain foreigners. Therefore, knowing how to become legal in the US if you are illegal can be of great help. We invite you to read our blog “How can an illegal immigrant become legal in the US”.

What Organizations Offer Scholarships For Students Under DACA?

There are several organizations that offer scholarships to students under DACA. For example, TheDream.Us.

Additionally, many churches and religious organizations can also offer financial support to these students.

Can DACA Students Work After College?

DACA students must keep their status up to date to maintain work permit eligibility.

It is crucial to submit DACA renewals 120 to 150 days before current status expires to ensure timely renewal and avoid disruptions.

Where Do I Send My DACA Renewal Application?

The address where you should send Form I-821D to renew your DACA varies depending on your location and the shipping method used. Use the tool provided by USCIS to find the correct address.

Are DACA Recipients Eligible For Medicaid?

Currently, adults who have DACA and meet certain requirements may be eligible for Medicaid. However, in some states this coverage is available on a limited basis.

DACA Immigration Lawyers In New Jersey

Applying for DACA can be complex, especially for those unfamiliar with immigration procedures. Knowing the requirements for DACA for the first time is essential for a successful application.

Therefore, it is recommended to hire an immigration lawyer to obtain guidance and avoid mistakes that could compromise your application.

The professionals at Curbelo Law have more than 10 years of experience helping immigrants with these matters. Contact us today by phone, email, or schedule an appointment at our office in Ridgewood, New Jersey.

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