What Is DACA?
DACA is a policy created by the Department of Homeland Security in 2012 that exercises prosecutorial discretion to defer removal action against certain individuals who came to the U.S. as children.
Deferred action means the government agrees not to pursue deportation for a specified period. It does not provide lawful immigration status or a visa category.
DACA grants recipients work authorization (Employment Authorization Document) allowing legal employment in the United States during the deferral period.
What DACA Does Not Provide
DACA does not grant lawful immigration status. DACA recipients remain without legal status despite having work permits and deportation protection.
DACA does not provide a pathway to citizenship. Unlike green cards, DACA cannot be converted to permanent residence through DACA itself.
DACA does not authorize international travel without prior approval. Leaving the U.S. without advance parole can terminate DACA and make reentry impossible.
What Are the DACA Eligibility Requirements?
To qualify for DACA, individuals must meet all of the following criteria:
Age requirements: Were under 31 years old as of June 15, 2012, AND came to the United States before reaching your 16th birthday.
Continuous residence: Have continuously resided in the United States since June 15, 2007, up to the present time.
Physical presence: Were physically present in the United States on June 15, 2012, and at the time of filing.
Immigration status: Had no lawful status on June 15, 2012, OR any lawful status obtained before June 15, 2012, had expired as of that date.
Education or military: Currently in school, have graduated or obtained GED, or are an honorably discharged veteran.
Criminal history: Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not pose a threat to national security or public safety.
What Documents Prove Eligibility?
Evidence requirements include documentation proving:
Identity: Birth certificate, passport, school ID with photo, military ID.
Entry before age 16: Travel documents, passport stamps, school records, medical records, or any records showing presence before turning 16.
Continuous residence: School transcripts, tax returns, employment records, medical records, lease agreements, utility bills, bank statements.
Physical presence on June 15, 2012: Any dated document showing you were in the U.S. on that specific date.
Education: School enrollment records, transcripts, diploma, GED certificate, or military discharge papers.
What Is the Current Status of DACA?
DACA has faced multiple legal challenges since its creation. Court decisions have significantly affected the program.
As of current rulings, USCIS is NOT accepting initial (first-time) DACA applications. A federal court ruling found the program's creation unlawful for new applicants.
USCIS IS accepting and processing renewal applications from individuals who previously held DACA. Current DACA holders can continue renewing.
Advance parole applications for DACA recipients are being processed on a case-by-case basis.
What Happened in the Courts?
In 2017, the administration attempted to end DACA. Courts blocked this termination as procedurally improper.
In 2021, a Texas federal court ruled DACA's creation was unlawful and blocked new initial applications while allowing renewals to continue.
The case continues through appeals. The program's future remains uncertain pending further court decisions and potential Congressional action.
How Do You Apply for DACA?
For renewals, file Form I-821D Consideration of Deferred Action for Childhood Arrivals, Form I-765 Application for Employment Authorization, and Form I-765WS Worksheet.
Submit required documentation, photographs, and filing fees ($495 total as of current rates).
File renewals 120 to 150 days before your current DACA expires to ensure continuous protection.
What Are the Filing Fees?
The total filing fee is $495, consisting of:
Form I-821D: $85
Form I-765 (EAD): $410
No fee waiver is available for DACA applications. Payment plans are not offered.
Applicants must pay the full fee with each renewal, every two years.
What Happens After DACA Approval?
Approved DACA recipients receive:
Deferred action: Two-year protection from deportation. You remain in the U.S. legally during this period.
Employment Authorization Document (EAD): A work permit card valid for two years allowing you to work for any employer.
Social Security Number: With an EAD, you can obtain a Social Security Number if you do not already have one.
Driver's license: Most states issue driver's licenses to DACA recipients with valid EADs.
How Long Does DACA Last?
Each DACA grant is valid for two years. To maintain protection, you must file for renewal before each period expires.
There is no limit on the number of times you can renew, assuming the program continues and you remain eligible.
Failure to renew before expiration causes loss of protection. File renewals early (120-150 days before expiration).
What Disqualifies You from DACA?
Certain criminal convictions and conduct disqualify DACA eligibility:
Felony conviction: Any felony conviction disqualifies you.
Significant misdemeanor: Includes domestic violence, sexual abuse, burglary, unlawful firearms possession, drug distribution, DUI, and other specified offenses.
Three or more misdemeanors: Multiple misdemeanor convictions (not including minor traffic offenses) can disqualify.
Public safety threat: Individuals deemed threats to national security or public safety are ineligible.
Can DACA Be Revoked?
Yes. DACA can be terminated if:
You no longer meet eligibility requirements, you are convicted of disqualifying crimes, you are found to pose a public safety threat, or you depart the U.S. without advance parole.
USCIS issues termination notices before revoking DACA, typically providing opportunity to respond.
Can DACA Recipients Travel Internationally?
International travel without advance parole terminates DACA. Departing the U.S. without proper authorization ends your protection.
Advance parole allows travel abroad for humanitarian, educational, or employment purposes. You must apply and receive approval before departing.
Advance parole applications for DACA recipients are being considered case-by-case. Approval is not guaranteed.
What Is Advance Parole?
Advance parole is travel authorization for DACA recipients who have urgent reasons to travel abroad.
File Form I-131 Application for Travel Document. Provide documentation of the urgent need for travel.
Approved advance parole allows departure and reentry. Upon return, you are "paroled" into the U.S., which has important implications for future immigration options.
Can DACA Lead to a Green Card?
DACA itself does not provide a path to permanent residence. However, some DACA recipients may qualify for green cards through other means.
If you have a qualifying family relationship (U.S. citizen spouse, parent, or adult child), you may be eligible for family-based immigration.
DACA recipients who used advance parole and reentered may have an easier adjustment path because parole constitutes lawful entry for adjustment of status purposes.
What About Marriage to a U.S. Citizen?
Marriage to a U.S. citizen creates immediate relative eligibility. However, adjustment of status eligibility depends on how you entered the U.S.
If you entered without inspection (crossed the border unlawfully), you generally cannot adjust status inside the U.S. and would need to process through a consulate, triggering unlawful presence bars.
Advance parole travel and reentry as a parolee may provide lawful entry for adjustment purposes. Consult an immigration attorney about your specific situation.
