DACA – Deferred Action for Childhood Arrivals

The United States Citizenship and Immigration Services (USCIS) sometimes provides temporary forms of immigration status for people in the U.S. One type of temporary status is DACA - Deferred Action for Childhood Arrivals. DACA was first created in June 2012. Currently, people can renew DACA (even if their DACA has expired), and they can file brand new DACA applications. There have been a lot of important changes to DACA since it was first announced and there will be more changes in the future. Check the USCIS website for the most up to date information (WWW.USCIS.GOV) or contact CLA.

What is DACA?

DACA is an immigration category for certain people who came to the United States as children. There are other factors that affect eligibility, such as criminal history. People who receive DACA are temporarily protected against being removed from the U.S. and can get work authorization.  

Can I Apply for DACA Now if I Never Applied Before?  

Yes. People can now apply for DACA for the first time and renew DACA.

My DACA is Going to Expire Soon. Can I Apply to Renew It?

Yes. You can renew your DACA before it expires and even after it has expired.

Caution for People with a Criminal History : Anyone who has a criminal history or has ever been arrested should consult with CLA or another experienced immigration lawyer before applying to renew their DACA. You may not be eligible and it may put you at risk for deportation if you apply and get denied.

What Happens if my DACA is Renewed?

People who are granted DACA are temporarily protected from removal or deportation from the U.S. and can receive work authorization.

How Long Does my DACA Last?

DACA, and the work card that comes with DACA, are usually granted for 2 years at a time.

What is Happening Now with DACA?

By order of a United States District Court, DHS Acting Secretary Chad Wolf’s memo suspending the DACA program, has been invalidated and set aside. This change is effective immediately and DHS is accepting new applications. In addition, work permits are valid for 2 years, and DACA recipients are eligible to apply for Advance Parole. If your DACA is expiring sometime within the next year, you should consider filing a renewal now. If your DACA already expired, consider renewing. For more information, check out the USCIS website.

Can I Travel outside the U.S. if I have DACA?

Maybe. Currently, DACA beneficiaries can apply for Advance Parole to travel outside the U.S. USCIS will consider these applications on a case-by-case basis. Please consult an attorney and do not travel unless you have been granted Advance Parole.

Will I Get a Green Card if I’ve Been Approved for DACA?

DACA does not directly lead to a green card. However, anyone who has DACA should evaluate whether they have other immigration options that could lead to a green card, such as having a close relative who is already a U.S. Citizen or green card holder who can sponsor you. If you have questions, contact CLA for an evaluation of possible immigration options.

Contact CLA if you would like a consultation about DACA or any other immigration issue.