What Is DACA: Unveiling Its Renewal and Impact

Introduction

What Is DACA?

Deferred Action for Childhood Arrivals is referred to as DACA. It is an American policy that was instituted in 2012 by President Barack Obama by an executive order. DACA gives certain undocumented immigrants who were brought to the country as minors work permits and temporary protection from deportation.

DACA's main goal is to provide opportunities for work, education, and relief from deportation anxiety to people who meet certain requirements. These include being in the country continuously since June 15, 2007, having entered before the age of 16, and fulfilling various requirements related to military service or education.

Importance of Discussing Its Meaning, Impact, and Renewal Process

Comprehending the importance of DACA extends beyond its regulatory structure. It has shaped the lives of beneficiaries, their families, and communities, and has come to represent hope for thousands of people. Understanding its significance, effects, and renewal process is essential to appreciating how it promotes inclusivity, boosts the economy, and deals with the difficulties associated with immigration laws. In addition to ensuring recipients' continuity, timely renewal also takes into account the current discussion about human rights and immigration reform.

How To Apply For DACA

1. Determine Eligibility:

Make sure you meet the eligibility requirements, which include being under a certain age when the policy was implemented, arriving in the United States before a certain date, maintaining continuous residence, and meeting educational or military requirements.

2. Gather the necessary documents:

Collect all required documents to prove identity, age at entry to the United States, continuous residence, educational achievements, and any other supporting documents.

3. Fill out the forms:

Fill out Form I-821D (Deferred Action for Childhood Arrivals) completely and accurately. In addition, fill out Form I-765 (Application for Employment Authorization) to obtain work authorization.

4. Financial Considerations:

Review the DACA filing fees to ensure you have the correct amount available for payment.

5. Submit the Application Package:

Mail the completed forms, required documents, and filing fee to US Citizenship and Immigration Services (USCIS) in accordance with the official USCIS guidelines.

6. Biometrics Appointment (if required):

Attend a biometrics appointment if one is scheduled for you by USCIS. For identity verification, fingerprinting and photographing are required.

7. Await Decision:

Once you've submitted your application, you must wait for USCIS to process it. USCIS will send you a receipt notice and will eventually notify you of their decision on your DACA application.

8. Renewal:

If your DACA application is approved, make sure to renew it before it expires. Every two years, DACA status must be renewed.

Because processes and requirements may change over time, it is critical to thoroughly review the official USCIS guidelines and instructions for applying for DACA. Consultation with an immigration attorney or an accredited representative can also provide personalized guidance and ensure that your application meets all necessary criteria.

Understanding DACA Renewal

For those who want to keep their benefits—such as work permits and protection from deportation—renewing their DACA status is essential. To maintain the protections provided under DACA, the renewal process includes submitting updated documentation to the U.S. Citizenship and Immigration Services (USCIS).

Who Can Renew DACA?

Should you satisfy the original 2012 DACA requirements as well as the subsequent requirements, you can apply for a renewal:

Continuous Residence: Since your most recent DACA application was granted, you have not left the country without permission and have been a resident of the United States ever since August 15, 2012.

Legal History: You have not been found guilty of three or more misdemeanors, a serious misdemeanor, or a crime. Furthermore, neither public safety nor national security are under danger from you.

Regarding the timing of the renewal, it's crucial to remember the following:

Renewal Within One Year: You can still apply to have your DACA status renewed if you file after the last DACA period has ended but within a year of its conclusion.

Renewal Beyond One Year: You can still apply for DACA by submitting a new initial request rather than a renewal if you're filing more than a year after the last DACA period ended.

For those who want to keep their DACA status and benefits, they must abide by these eligibility requirements and time constraints.

When to Renew DACA

Requests for DACA renewals will be processed by USCIS in about 120 days. The following actions are advised if your renewal request has been waiting for more than 105 days without receiving a response from USCIS:

Get in touch with USCIS: If your request for renewal has been open for longer than 105 days and you haven't heard anything, you might want to inquire about the status of your request and receive clarification.

How to Contact USCIS: You can contact USCIS by sending a message from your online account inbox or via the USCIS Contact Center.

Ensuring a seamless renewal process for DACA recipients can be achieved by keeping track of the processing timelines and being proactive in gathering information.

How to Renew DACA

Complete Forms:

Form I-821D (Form I-821D (Consideration of Deferred Action for Childhood Arrivals): Complete this form completely, then sign it. To prevent rejection, make sure you utilize the most recent version that is accessible on the USCIS website.

Prepare Required Documents For I-821D

Passport or birth certificate (with translation if not in English) to establish identity and age at entry to the U.S. School records, medical records, or other supporting documents showing continuous residence in the U.S. since June 15, 2007, up to the present.

Supporting Documentation:

• Any additional evidence that supports your request for DACA renewal.

Documents demonstrating educational achievements or enrollment in school, military service, or employment history during the previous DACA period.

Form I-765 (Application for Employment Authorization): Fill out this form completely, signing it as well as the accompanying Form I-765W Worksheet. Fill out these forms accurately by following the instructions provided.

Prepare Required Documents For I-765

Form I-821D Approval Notice:

• Copy of your previously approved Form I-821D (if available) to verify your DACA status.

Proof of Identity:

• Government-issued identification document with photo (e.g., passport, driver's license).

Passport Photos:

Two passport-style photos meeting USCIS specifications.

Fees:

• Payment for the required fees associated with the Form I-765 application.

Additional Documents (if applicable):

• Any other supporting documents required by USCIS or relevant to your individual case.

Before submitting your application, make sure that all of the necessary paperwork is correctly prepared and arranged in accordance with USCIS guidelines to prevent any delays or potential problems with your DACA renewal process.

Certified Translation (if applicable):

Documents in a Foreign Language: USCIS requires a certified translation of any supporting documents that are not in English. Make sure translations are accurate to prevent delays or possible problems with your application.

Review and Submission:

Review Instructions: To guarantee that all three forms are filled out correctly, carefully read and abide by the instructions.

Submission: Send the forms to USCIS, filled out and signed. It's imperative that your application package be sent with the appropriate fees.

Form Versions:

Use the most recent versions of Form I-821D and Form I-765 available on the USCIS website. Using outdated versions may result in rejection of your application. Adhering to these steps and ensuring the accuracy of the provided information is crucial when submitting your DACA renewal application to USCIS.

DACA Citizenship

A. Clarifying DACA's Relationship with Citizenship

Non-Citizenship Status:

DACA does not offer a clear path to citizenship. It grants work authorization and temporary relief from deportation but does not grant legal permanent residency (green card) or citizenship.

Benefits and legal standing:

DACA recipients are still noncitizens, but they have legal permission to live and work in the United States for the time being. They cannot obtain citizenship solely through DACA.

B.Paths from DACA Status to Citizenship

Existing Pathways:

DACA recipients may seek citizenship through existing legal channels, such as family sponsorship, employment-based visas, or marriage to a US citizen, which could lead to naturalization.

Legislation and Reform Prospects:

If passed by Congress, future legislation or immigration reforms could pave the way for DACA recipients to gain citizenship.

C. Opportunities and Limitations Regarding Citizenship for DACA Recipients

Opportunities for Naturalization:

DACA recipients can apply for U.S. citizenship through the naturalization process after obtaining legal permanent residency through eligible channels.

Limitations and Challenges:

Complex legal processes, eligibility criteria, and uncertainties surrounding immigration policies that may affect pathways to permanent residency and, eventually, citizenship are all obstacles to obtaining citizenship.

Policy Changes' Impact:

Policy changes, such as the termination of DACA or changes to immigration laws, can have a significant impact on DACA recipients' aspirations to become citizens.

FAQs On DACA

Can DACA Recipients Travel?

Yes, DACA recipients can apply for permission to travel outside the US via a process known as "advance parole." This allows them to leave the country temporarily for educational, employment, or humanitarian reasons and return legally.

Permission Required: Before leaving the country, DACA recipients must obtain advance parole approval from US Citizenship and Immigration Services (USCIS). Traveling without this authorization may result in the loss of DACA status.

Purpose of Travel: Advance parole is usually granted for specific reasons such as education, employment, or humanitarian reasons. DACA recipients must have a valid reason for traveling that falls into one of these categories.

Risk Factors: Traveling without advance parole or failing to obtain approval before departure could result in serious consequences, such as being barred from reentering the US or losing DACA protections.

Changes in Policy: DACA and advance parole policies have shifted over time. DACA recipients must stay informed of any changes or restrictions that may affect their ability to travel.

While DACA recipients can travel under advance parole, it is critical that they follow the guidelines and obtain proper authorization from USCIS ahead of time to ensure a lawful return to the United States and maintain their DACA status.

What Happens If My DACA Expires Before Renewal?

If your DACA (Deferred Action for Childhood Arrivals) status expires before you have submitted a renewal application or the renewal is approved, it is critical that you understand the implications and steps you can take:

Expired DACA Status:

If your DACA status expires and you haven't submitted a renewal application or your renewal hasn't been approved before the expiration date, you will lose the DACA protections and benefits, such as deportation protection and work authorization.

Renewal with a One-Year Grace Period:

If your DACA expired less than a year before you applied for renewal, you may still be eligible. However, you must act quickly because USCIS will not accept renewal applications if more than one year has passed since the expiration of your previous DACA period.

New Applicant Consideration:

You cannot renew your DACA if it has been more than a year since it expired, but you may still be eligible to apply as a new applicant. This entails submitting a new initial DACA request rather than a renewal application.

Potential Loss of Protections:

When your DACA status expires, you are no longer protected from deportation, and your work authorization is no longer valid. This situation may give rise to legal and employment issues.

Consult Legal Resources:

If your DACA has expired, or is about to expire, it's advisable to consult legal resources, immigration attorneys, or accredited representatives to understand your options and any potential risks associated with your situation.

To minimize potential risks and ensure continuity of protections and benefits, it is critical to stay informed about the deadlines and eligibility criteria for DACA renewal and to take action before your DACA status expires.

Can DACA Recipients Join The Military?

DACA recipients are currently barred from joining the armed forces. That is changed by the Fight for the American Dream Act. Similarly, the Act establishes a path to permanent residence for DACA recipients who are honorably discharged after their service.

Can You Go To Puerto Rico With DACA?

Yes, as a DACA recipient, you are permitted to travel to Puerto Rico, which is a U.S. territory, without requiring advance parole or other special permissions. Because Puerto Rico is a territory of the United States, DACA recipients are not subject to the same restrictions that apply to international travel.

Travel to US territories such as Puerto Rico, the US Virgin Islands, Guam, and others does not necessitate obtaining advance parole or subjecting DACA recipients to the same restrictions that apply to international travel. When traveling within U.S. territories, however, it is critical to carry appropriate identification, such as your DACA approval notice and a valid form of ID.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”