DACA Eligibility Requirements
Not all undocumented immigrants who arrived in the US as children are eligible for DACA. To qualify for this type of temporary removal relief, you must meet all of the following DACA requirements:
- You were under the age of 31 as of June 15, 2012
- You came to the United States before reaching your 16th birthday
- You are at least 15 years old or older unless you are currently in removal proceedings or have a final removal or voluntary departure order
- You have continuously resided in the United States since June 15, 2007, up to the present time
- You 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
- You had no lawful status on June 15, 2012, meaning that:
- You never had a lawful immigration status on or before June 15, 2012; or
- Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012
- You 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
- You 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
Forms You Need for Your DACA Application
The DACA application process demands the accurate and full completion of all forms and paperwork involved. You must ensure your application is filled out correctly, includes the required supporting documentation, and submitted on time. That being said, the forms required for the DACA application include:
The DACA application forms you need to complete and file include:
- I-821D, Consideration of Deferred Action for Childhood Arrivals
- I-765, Application for Employment Authorization
- I-765WS, Worksheet
Along with these DACA application forms, you will need to prove that you meet the DACA guidelines. As such, you must include a variety of documents to show that you meet the DACA requirements, which include:
- Proof identity (i.e., Passport, birth certificate, school, or military ID)
- Proof you came to the US before you turned 16, such as:
- Passport with an admission stamp
- Form I-94/I-95/I-94W
- School records from the US schools you have attended
- Employment records (pay stubs, W-2 Forms, etc.)
- Tax receipts, insurance policies
- Proof of immigration status, such as:
- Form I-94/I-95/I-94W with an authorized stay expiration date
- A final order of exclusion, deportation, or removal was issued as of June 15, 2012
- A charging document placing you into removal proceedings
- Proof of presence in the US on June 15, 2012, AND proof you continuously resided in the US since June 15, 2007, including:
- Employment records (pay stubs, W-2 Forms, etc.)
- Military records (Form DD-214 or NGB Form 22)
- Birth certificates of children born in the US
- Deeds, mortgages, rental agreement contracts
- Rent receipts or utility bills
- Proof of your student status at the time of requesting DACA, which includes:
- Official records from the school that you are currently attending in the US
- US high school diploma or certificate of completion
- US GED certificate
- Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the US, such as:
- 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
Your DACA lawyer can help you gather, review, and submit these documents to ensure no stone is left unturned. Any mistake in the process could be costly, as the process can become delayed or your DACA application may get denied altogether. For these reasons and more, you will benefit from retaining an attorney to guide you through the process.
Get in Touch with Our DACA Attorney Today
At LORIC Law Firm, we advocate for undocumented children who arrived in the US as undocumented immigrants. We understand that the US has been your home country from a young age, and our goal is to help you remain in your home for as long as possible. You can depend on our San Jose DACA lawyer to represent your rights and best interests at all stages of the process, guiding you through every step and working towards a successful outcome. As a son of immigrants who dedicates his practice to helping immigrants, attorney Rodrigo Ivan Canido is an attorney you can trust.
We welcome you to schedule a consultation with us online or by calling (650) 590-8258!