What is deferred action?
Deferred action is a kind of temporary relief from deportation. It is granted on a case-by-case basis. If you are granted DACA relief, you will not be deported or sent back to your country for a period of two years. It is important to note that deferred action does not grant you lawful immigration status. However, you will also not accrue any additional unlawful presence in the U.S. Currently, USCIS is only accepting renewal DACA applications.
Who is eligible to renew DACA?
You must be able to prove that you meet the following requirements: You may request a renewal if you met the initial 2012 requirements and you:
- Did not depart the United States on or after Aug. 15, 2012, without advance parole;
- Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
- Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
How much does applying for DACA cost?
The application fee is $495, which consists of a $410 fee for the employment authorization application and an $85 fee for the biometrics (fingerprinting and a taking of your photo to help verify your identity and conduct a background check).
What offenses qualify as a felony?
Because of the current state of DACA if you have had any recent contact with Authorities that resulted in a misdemeanor, contact our office to schedule a consult.
What is a “significant misdemeanor”?
Because of the current state of DACA if you have had any recent contact with Authorities that resulted in a misdemeanor, contact our office to schedule a consult.
What qualifies as a threat to national security or public safety?
This is a question subject to the discretion of USCIS. However, indicators that you pose such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States.
Can I get a driver’s license if I am granted deferred action?
A grant of DACA relief allows you to get a driver’s license. In California, the grant of DACA relief qualifies as proof of lawful presence required to obtain a driver’s license. You will also need to have a social security card, which you can obtain after being granted deferred action, and proof of your birth and identity (such as through your birth certificate).
Can I leave the U.S. if I am granted DACA relief?
Yes. USCIS is once again adjudicating requests for Advance Parole for DACA recipients who can prove their travel is for humanitarian, education, or employment reasons.
What is the timeline for the renewal process?
Because of the current state of DACA, it is recommended that you apply for a renewal up to six months before your current DACA is set to expire. To determine when your DACA period expires, look at the I-797 Notice of Action under “Notice Type,” or at your Employment Authorization Document (“EAD”) card under “Card Expires.”
Can I be deported if I apply for DACA?
It is possible that if you reapply for DACA relief, and USCIS determines that you do not meet the requirements for reasons of criminal offense, fraud, or a threat to national security of public safety, your case can be referred to ICE. Consult our attorneys to determine the potential risks of applying for DACA relief as related to your particular circumstances.
What is the difference between DACA and the Dream Act?
DACA is a form of relief created by the Department of Homeland Security (DHS), an agency that is part of the executive branch of the U.S. government. It does not grant you lawful status in the U.S. Only Congress, with its authority to create laws, can create a path to permanent lawful status and citizenship. The Dream Act is a proposed law that Congress must pass before it can take effect.