When Did DACA Get Reinstated This Year?
On November 14, 2020, a United States District Court issued an order requiring the Department of Homeland Security to reinstate the DACA policy that was in effect on September 4, 2017
In compliance with an order of a United States District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
- Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order
- Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order
- Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order
- Extending one-year grants of deferred action under DACA to two years
- Extending one-year employment authorization documents under DACA to two years
Details of the court order can be found here
What Are the Benefits of DACA?
The Deferred Action for Childhood Arrivals (DACA) program offers employment authorization (work permit) and protection from deportation for certain people who qualify
The DACA eligibility requirements are very stringent and require a plethora of documents for first-time applicants. However, renewals are generally less daunting.
DACA Eligibility Requirements for Initial Applications
- Are under 31 years of age as of June 15, 2012
- Arrived in The U.S. while under the age of 16
- Have continuously resided in the U.S. from June 15, 2007, to the present
- Entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012
- Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS
- Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces
- Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety
Eligibility Requirements for DACA Renewal Applications
An individual may be considered for renewal of DACA if he or she was initially eligible for consideration of initial DACA (see above) and meets all the following guidelines:
- Did not depart the United States on or after August 15, 2012, without advance parole
- Has continuously resided in the United States since he or she submitted his or her most recent request for DACA that was approved up to the present time
- Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety
What are the Required Supporting Documents for DACA?
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Proof of identity
Providing one of the following will suffice:
- A passport
- Birth certificate
- State-issued photo ID
- Military ID
- School ID
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Proof you came to the United States before age 16:
- This could include a copy of your passport with a stamp, your Form I-94
- Any INS documents with date of entry
- Travel records
- School records
- Hospital or medical records
- Official religious ceremony documents
-
Proof of established residence prior to age 16, if you left the U.S. and returned later
Acceptable documents include:
- School records
- Employment records
- Tax returns
- Bank letters
- Verification of employment
-
Proof of residency since June 2007
This could include:
- Payment receipts
- Utility bills
- Employment records
- Tax returns
- School records
- Medical records
- Money orders for money sent in and out
- Birth certificates of children born in the U.S
- Dated bank transactions
- Car receipts/title/registration, and/or insurance policies
5. Documents to prove any absences from the U.S. since 2007 were brief, casual, and innocent.
Acceptable documents include:
- A plane ticket
- Passport entries
- Hotel receipts
Evidence of travel intent
6. Proof of presence in the U.S. on June 15, 2012:
This could include:
- Rent payment receipts
- Utility bills
- Employment records
- Tax returns
- School records
- Medical records
- Money orders for money sent in and out
- Birth certificates of children born in the U.S, dated bank transactions
- Car receipts/title/registration, and/or insurance policies
7. Proof of no lawful status on June 15, 2012:
- Form I-94 with an expiration date
- A final order of removal or deportation as of June 15, 2012
- Department of Homeland Security (DHS) document about removal proceedings
8. Proof of current education:
Acceptable documents include:
- Current enrollment in elementary
- Middle, high school, or home school
- Education or literacy program
- GED program
- College/university/community college
- Diplomas
- Transcripts showing graduation date, and/or dates of enrollment
9. Proof of honorably discharged veteran status
- Form DD-214
- NGB Form 22
- Military personnel records or health records
10. Proof of removal proceedings
- Copy of the removal order
- Any document issued by the immigration judge
- The final decision of the Board of Immigration Appeals (BIA)
11. Proof of Criminal history:
- An official statement from the arresting agency that no charges were filed,
- If charged/convicted, an original or court-certified copy of the complete arrest record and disposition for each incident
- An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction
List of Forms and Document Download Links
- Form I-821D (PDF, 536.17 KB)
- Instructions for Form I-821D (PDF, 293.72 KB)
- Form I-765 (MUST be filed with your Form I-821D) (PDF, 492.38 KB)
- Instructions for Form I-765 (PDF, 618.16 KB)
- I-765 Worksheet (PDF, 238.54 KB)
- Form G-1145, E-Notification of Application/Petition Acceptance (PDF, 237.85 KB)