In this post, I’ll provide answers to questions like “am I eligible for DACA?” and discuss how to apply – whether it’s your first time or you’re renewing.

In true lawyerly form, the answer depends. It’s not that lawyers try to be difficult (Ok, maybe sometimes).

1. DACA Eligibility
2. Initial DACA Requests
3. DACA Renewals
4. How to Apply for DACA

DACA Eligibility

As if we needed another reason to like Apple Inc, Tim Cook, the C.E.O. of Apple, recently said that the biggest problem with America is that we’re failing at immigration. And he’s right. Congress has failed to achieve a permanent solution for our dreamers. Tim, we applaud you for amplifying our concerns.

But, until that time comes, we’re left fighting for DACA. A program that offers employment authorization (work permit) and protection from deportation. And, we’re here to break down everything you need to know before applying (or re-applying) for DACA.

If you want to read more about how DACA can protect you, visit our recent post: Does DACA Protect Me?

Are you a first-time applicant? Or Renewing?

There are two types of DACA applications:

• “Initial DACA requests,” or the first-timers, and
• DACA renewals, those renewing their already granted DACA status.

You need to know which camp you belong to because of a recent court decision (State of Texas, et al. v. United States S.D. Texas July 16, 2021 – for legal nerds like me). That court stopped the government from reviewing initial applications. While you can technically still apply, USCIS (the agency in charge) cannot decide on those cases. USCIS has stated that they will accept those applications anyway. But, alas, your application will sit somewhere in the metaverse collecting cobb webs until a final decision is reached.

1 – Initial DACA Requests

A first-time application for DACA includes the obvious, applying for DACA the first time. But, it also includes not-so-obvious circumstances. Like:

• Someone who had DACA but didn’t request renewal within one year of its expiration; or
• A person who had DACA and wants to ask for it again.

Expert Tip: the decision to initially apply for DACA is unique. Since the legality of DACA has been challenged, the state of DACA is changing. Please seek legal counsel or schedule a consultation with me to discuss the pros and cons of applying. My course, the DACA Collection, also discusses the advantages and disadvantages of first-time applications.

You must meet the guidelines below for DACA:

• You were under 31 as of June 15, 2012;
• You came to the U.S. before you turned 16;
• You have lived in the U.S. since June 15, 2007, until the present;
• You were physically present in the U.S. on June 15, 2007, and when you submit your DACA Application with USCIS;
• You are in school, have a high school diploma or G.E.D., or honorable discharge from the U.S. military;
• You have no felony convictions, a significant misdemeanor, or three or more misdemeanors and don’t threaten national security or public safety.

Expert Tip: Age matters. You must be at least 15 years old when you file your DACA application. However, some people can apply even if they haven’t reached their 15th birthday. Exceptions include those who are in removal proceedings, have a final removal order, or voluntary departure.

2 – DACA “Renewal” Requests

A renewal DACA request includes:

• Those who already have a DACA grant; or
• Those who had DACA, but it expired less than a year ago.

To be considered for a DACA renewal, you must have met the guidelines for initial DACA (see above) AND you:

• Haven’t left the U.S. on or after August 15, 2012, unless you left with advance parole.
• Lived in the U.S. since your most recent DACA approval; and
• Have no convictions for a felony, a significant misdemeanor, or three or more misdemeanors and aren’t a threat to national security or public safety.

3 – How to Apply for DACA

Submitting an Initial DACA Application

USCIS is NOT processing initial applications, but you can still apply. Applying for an initial DACA order is not the same as renewing DACA. If you do not currently have DACA and choose to submit a first-time application, you should consult with an immigration attorney.

To submit a first-time application, you must submit:

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals
• Form I-765, Application for Employment Authorization; and
• Form I-765WS to establish your economic need to work.
• Proof. You’ll need hard proof (evidence) to show – your identity, that you came to the U.S. before you turned 16, education status, and presence in the U.S.
• Filing fees ( non – refundable).

Submitting a Renewal DACA Application

USCIS continues to process renewal applications.

To submit a renewal application, you need the following:

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals
• Form I-765, Application for Employment Authorization; and
• Form I-765WS to establish your economic need to work.
• Evidence. Typically, you do not have to provide USCIS with additional documents when you renew. BUT, if you have new records due to removal proceedings or criminal history and you never submitted them, you’ll have to provide those.
• Filing Fees.

Expert Tip: USCIS (the agency that processes DACA applications) encourages applicants to renew their applications between 150 and 120 days BEFORE the expiration date listed on your DACA approval notice.

Want to check your application status? You’ll have to wait 105 days (so mark your calendars) from when you submitted it. You can check your status online at: egov.uscis.gov/e-request.

Mistakes on your DACA application can cause delays and, even worse, a denial. Remember, you aren’t alone in this fight. The DACA Collection will be the perfect course because it’s designed to help you understand the DACA application process. I’ll teach you how to prepare Forms I-821D, I-765, and I-765WS correctly. Plus, you will receive personalized filing instructions and access to a live immigration attorney to help you when you have questions.