DACA is Back!

On Friday, December 4, 2020, federal judge Nicholas Garaufis directed the Department of Homeland Security to post a public notice by Monday that it will accept petitions from new applicants for the Deferred Action for Childhood Arrivals program. Prior to this ruling from Judge Garaufis. federal courts only required the Trump administration to allow DACA renewals, they never made any decisions about the ability of an individual to submit new applications. Friday's ruling changes all of that. 

USCIS just updated its website on December 7, 2020 reflecting this decision. Applicants qualify for DACA if they meet the following criteria:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Had no lawful status on June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you wish to apply for DACA, then you need to submit the following evidence to support your application:

Examples of Documents to Submit to Demonstrate you Meet the Guidelines 
Please see the instructions (PDF, 293.72 KB) to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, for further details on acceptable documentation.
Proof of identity

• Passport or national identity document from your country of origin
• Birth certificate with photo identification
• School or military ID with photo
• Any U.S. government immigration or other document bearing your name and photo

Proof you came to U.S. before your 16th birthday

• Passport with admission stamp
• Form I-94/I-95/I-94W
• School records from the U.S. schools you have attended
• Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)
• Travel records
• Hospital or medical records
• Employment records (pay stubs, W-2 Forms, etc.)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the country
• Birth certificates of children born in the U.S.
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies

Proof of immigration status

• Form I-94/I-95/I-94W with authorized stay expiration date
• Final order of exclusion, deportation, or removal issued as of June 15, 2012
• A charging document placing you into removal proceedings

Proof of presence in U.S. on June 15, 2012

• Rent receipts or utility bills
• Employment records (pay stubs, W-2 Forms, etc)
• School records (letters, report cards, etc)
• Military records (Form DD-214 or NGB Form 22)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the country
• Passport entries
• Birth certificates of children born in the U.S.
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies

Proof you continuously resided in U.S. since June 15, 2007

Proof of your student status at the time of requesting DACA

• Official records (transcripts, report cards, etc) from the school that you are currently attending in the United States.
• U.S. high school diploma or certificate of completion
• U.S. GED certificate

Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

• Form DD-214, Certificate of Release or Discharge from Active Duty
• NGB Form 22, National Guard Report of Separation and Record of Service
• Military personnel records
• Military health records

The application fee to apply for DACA (including seeking work authorization) is $495. If you need assistance applying for DACA, contact Liberty Law Group today for a free consultation.