USCIS has made it clear that DACA beneficiaries do not possess legal status, but does not state that DACA beneficiaries are unlawfully present; in fact, it states that DACA beneficiaries will not accrue unlawful presence time here while they are in this deferred action status.
For the DACA recipients, who came to the US illegally while they were minors, the process would include first applying for conditional permanent residency. DACA recipients would also be afforded a pathway to citizenship through eventually applying for a green card or in other ways, including military service.
The purpose of DACA is to protect eligible immigrant youth who came to the United States when they were children from deportation. DACA gives young undocumented immigrants: 1) protection from deportation, and 2) a work permit. The program expires after two years, subject to renewal.
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
The DREAM Act would have provided a pathway to U.S. citizenship to certain undocumented youth who go to college and/or serve in the military while maintaining a good record. DACA enables certain people who came to the U.S. as children and meet several key guidelines to request consideration for deferred action.
For the DACA recipients, who came to the US illegally while they were minors, the process would include first applying for conditional permanent residency. DACA recipients would also be afforded a pathway to citizenship through eventually applying for a green card or in other ways, including military service.
Apply for State Financial Aid
17 States Offer Tuition-Free College Programs. ] California is one of the friendliest states for undocumented students planning to apply to college, says Daniel Alfaro, program manager of Undocumented Student Services at the University of California–San Diego.Last updated MAY 8, 2020
Since the Trump administration announced on September 5, 2017, that it was ending Deferred Action for Childhood Arrivals (DACA), several lawsuits were filed against the administration for terminating DACA unlawfully.The approximately 800,000 immigrants who qualified for enrollment in DACA would become eligible for deportation by the end of those six months. A White House memo stated that DACA recipients should "use the time remaining on their work authorizations to prepare for and arrange their departure from the United States."
Filing Process for DACA
- 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.
How to Re-Register for DACA
- You must include: Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Form I-765, Application for Employment Authorization (EAD) Form I-765 Worksheet.
- All forms are free for download at
- Don't forget to sign your application.
Introduced this month, the American Dream and Promise Act of 2019 offers a pathway to citizenship for Dreamers as well as immigrants eligible for TPS and DED. They have lived in the United States for at least four years prior to the bill's enactment date. They were under age 18 upon their arrival in the United States.
When it comes to immigration reform, a “Dreamer” (often also spelled “DREAMer”) refers to a young person who qualifies for the Development, Relief, and Education for Alien Minors (DREAM) Act. While the majority of Dreamers are Latino, they are a diverse group and come from a multitude of countries and cultures.
What Does the Dream Act do? The American Dream and Promise Act of 2019 would provide current, former, and future undocumented high-school graduates and GED recipients a three-step pathway to U.S. citizenship through college, work, or the armed services.
Currently, as of February 2019: It is lawful for people with valid DACA status to travel to Puerto Rico and return. People with valid DACA status should not take any excursions or trips outside of Puerto Rico, even on study-related business, if it would constitute travel to another country.
The DREAM Act (short for Development, Relief and Education for Alien Minors Act) was a bill in Congress that would have granted legal status to certain undocumented immigrants who were brought to the United States as children and went to school here.
DREAMers movement
The individuals that make up the group are primary undocumented students/youth. The DREAMers movement have been seen tackling issues in regards to immigration, education, and citizenship. The DREAMers have partaken in many activists activities to demonstrate their support for the DREAM Act.Non-Immigrant Visa Petitions.
DACA does not confer any non-immigrant status for this purpose. Thus, Dreamers seeking a temporary visa are in a similar position as those hoping to receive a green card through consular processing. If available, Dreamers may want to pursue a position abroad with their company.The U.S. Supreme Court announced on June 28, 2019, that it has decided to review the DACA court cases during its next term. The Court is likely to hear oral argument about DACA late in 2019 or in early 2020 and could decide on the future of DACA sometime between January and June 2020.
Eligibility. If you are currently a DACA (Deferred Action for Childhood Arrivals) recipient and are married to a U.S. citizen or green card holder, you may be eligible for a marriage-based green card of your own.
When your current DACA work permit expires, you will be out of status, and start accruing unlawful presence. It is critical that you speak with your immigration attorney about other legal options that may exist for you to continue working and legally residing in the United States.
Without MAVNI, immigrants can't join the military. DACA recruits waiting for their background checks worry they are in jeopardy of losing their “deferred” status and being subject to deportation. DACA recruits aren't the only MAVNI recruits on hold, but because they face termination, they are facing the most pressure.
The Democratic-led chamber approved the sweeping immigration bill, dubbed the DREAM and Promise Act of 2019, by a vote of 237 to 187, sending the legislation to the Republican-controlled Senate, which is unlikely to consider it. The White House has also issued a veto threat against the measure.
A study conducted by the Center for American Progress estimates that if passed, the DREAM Act would create 1.4 million jobs by 2030, primarily through the expected increase in educational attainment, earnings, and buying power for "DREAMers".
Even if a DACA recipient can qualify for an immigrant visa, there are unique issues that may prevent many from receiving the green card. There are two avenues to receive permanent residency: consular processing at a U.S. Consular Post abroad; and adjustment of status while present in the United States.
Age limits
Must be at least 15 years old at the time of application for DACA. EXCEPTION: A person who is currently in deportation proceedings, has a voluntary departure order, or has a deportation order, and is not in immigration detention, may apply for DACA even if not yet 15 years old.A DACA recipient who is married to a U.S. citizen and can prove that they “overstayed” their original visa should face no special hurdles in applying for a green card. In other words, you remained in the United States after your original visa expired.
Please be aware that for travel to any location other than the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, or the Commonwealth of the Northern Mariana Islands, you must have advance parole from USCIS prior to departure, just as with any other international travel.
The MAVNI program. When DACA was rolled out in 2012, its recipients became eligible to seek enlistment only through MAVNI — if they had the skills. About 900 of 690,000 DACA recipients or “Dreamers” as they are called, have joined the military through MAVNI, Eastburn said.
It is lawful for people with valid DACA status to travel to Puerto Rico and return. People with valid DACA status should not take any excursions or trips outside of Puerto Rico, even on study-related business, if it would constitute travel to another country.
DACA-approved travel to U.S. territories without advance parole. Can Deferred Action for Childhood Arrivals (DACA) individuals travel to U.S. territories (other than American Samoa) without Advance Parole?
Filing Fee
The fee to request consideration of deferred action for childhood arrivals, including employment authorization and biometric services, is $495, and cannot be waived. Use our Fee Calculator to help determine your fee.DACA applicants may not travel outside the United States until after their DACA request has been approved. 2. You will be inspected at the border when you return, and there is always a possibility that you could be denied entry, even if the government granted you permission to travel.
