DACA Immigration Status

DACA Immigration Status Overview

With DACA Immigration Status developing changes often it’s important to stay updated. It seems like an eternity since this program began, and raises several questions. While “deferred action” is not a new term it refers to a discretionary limited immigration benefit by the Department of Homeland Security. DACA Immigration Status grants these benefits to those who have received removal proceedings, final orders, or obversely those who have no removal proceedings. This program allows for those approved to apply for employment authorization. DACA Immigration Status does not offer a direct path to citizenship or permanent residence status.


DACA Immigration Status specifically deals with those who arrived in the USA as children. Specifically, those who arrived before they turned 16 will not be 31 before June 15th, 2007. You must also have continuously remained in the country from June 15th, 2007 till now. While short leaves of absences for humanitarian reasons that involved leaving the United States are allowed, long absences for other reason may exempt you from the program. Additionally, you must also have been present in the United States on June 15th, 2012 and currently residing at the time of making your request. You must also be in school, have graduated from high school or obtained a GED, applicants may also be suitable if honorably discharged from the armed services or the coast guard. Applicants must also be free of felony convictions, or significant misdemeanors. “Significant” misdemeanors are a burglary, domestic violence, sexual exploitation or abuse, illegally possessing a firearm, DUI, or drug trafficking or distribution. Also, any misdemeanor that led to a sentence of over 90 days in jail will also be considered a “significant” misdemeanor. Disqualification will also occur if you have four or more ordinary misdemeanors on your record. Finally, any applicant cited as a national security risk or a danger to public safety will be denied.

Application Process

All DACA Immigration Status applications must be completed and placed in a
USCIS Lockbox. Under all conditions, the form must go to USCIS, no matter if you are in any removal proceedings. Any currently detained applicants must alert their detention officer of their wish to apply.

    The following forms must be completed and submitted.

  • I-821D Consideration of Deferred Action for Childhood Arrivals
  • I-765 Application for Employment Authorization Document
  • Form I-765 WS –EAD economic need supplement form
  • Applicants must also submit documents to provide evidence that qualifies them for DACA Immigration Status.

There is also a fee of $465 with the application. If you cannot afford the costs, there will be a form to provide an exemption, the exemption is limited to those in extreme poverty situations.

Individuals granted DACA Immigration Status may be allowed the ability to work if they include an Employment Authorization Document. Provided the application is approved the applicant will be permitted to work for two years. You must wait until the applications approved to accept a job.

Being granted DACA Immigration Status does not mean you have acquired legal status. Deferred action also does not remove any periods of your unlawful process. During the time of deferred action, you are not accruing time of illegal presence.

Traveling outside the country before your application is approved will cause you to be unable to return to the United States. You may apply for parole, but it is typically only granted for severe humanitarian, employment, or educational reasons. Leaving before parole approval will also cause denial or access back into the country.
Denied applications are not appealable. You may resubmit your request for DACA Immigration Status including the fee again.

Risk Associated with DACA Immigration Status

There are risks involved with applying. If you apply while in the country unlawfully and not granted action USCIS or ICE may place you under removal proceedings. DACA Immigration Status if approved is revokable at any time. The best way to accurately evaluate your risk and judge whether it is in your best interest to apply is to contact a well versed DACA Immigration Status attorney. Rhode Island Immigration Attorney John E. MacDonald, an expert in DACA Immigration Status and also aggressively dedicated to you. If you are interested in DACA, , or are struggling with immigration status for any other reasons please call today at (401) 421-1440 for a free consultation.