Requirements for DACA: Functioning, Renewal and MORE

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Through this article we show you the Requirements for DACA. By reviewing them carefully you can know if you qualify for it or not. This Program was given during the presidency of Barack Obama, in order to protect immigrants who reside in the United States without authorization.

You will also find information about the renewal process, who can obtain this benefit, how the Program works and much more information. Keep reading, so that you know very well the Requirements for DACA and carry out this procedure successfully.

What are the Requirements for DACA?

With respect to Requirements for DACA there are those mentioned below:

  • Have had under 31 on June 15, 2012.
  • Reside in the United States continuously from June 15, 2007, up to the present time.
  • Live in the United States before turning 16 years old.
  • The applicant must have been in person in the United States on June 2012. On the occasion of filing the request for Consideration of Deferred Action with USCIS (United States Citizenship and Immigration Service).
  • Not have legal status as of June 15.
  • Currently in school, have acquired a high school completion certification, have acquired a General Education Development Certificate (GED). Or in that case be a licensed veteran of the Coast Guard or the Armed Forces of the United States.
  • Have no convictions for serious crimes, minor or significant foul, 3 or more minor fouls. Under no circumstances should you be a person who threatens public safety or national security.

For more information, you can contact the USCIS National Customer Service Center at the following numbers: 1-800-767-1833 or 1-800-375-5283. The officers in this area are available from 8:00 am to 6:00 pm, Monday through Friday.

Operation of the Program

The DACA Program grants the favored who are known with the name of Dreamers, a provisional employment authorization, likewise, the protection regarding extradition, which can be renewed every 2 years. DACA is not a program to provide legal status, nor is it a program to open a path to citizenship.

There is a decision of the Court, which was accepted by the undocumented beneficiaries, with joy but also with caution. This program is managed by the United States Citizenship and Immigration Services (USCIS). Which depends on the Department of Homeland Security.

During Obama’s presidential term, he was questioned for taking such a momentous decision through the executive route. However, Obama mentioned that the siege of Congress, where the 2 chambers were subordinate to the Republicans, they wouldn’t let him start a modification regarding immigration matters.

However, on the other hand Donald Trump has been decisive with regard to immigration, which has been one of its main bases. He assured that he would end the DACA Program, because he considers it outside the Constitution and illegal. Jeff Sessions, Attorney General in September 2017 reported the cancellation of the Program, however, the measure is awaiting a resolution from the Supreme Court.

Who can Aspire for DACA?

In relation to who can aspire for DACA, it is detailed as follows:

The Age Rules

  • Anyone applying for DACA must have been under the age of 31 as of June 15, 2012.
  • What minimum must be 15 years old to request DACA, unless you are in deportation proceedings, or have an order of voluntary departure or removal, as established below:
    • Not having been found in extradition proceedings, or if they were interrupted prior to making the request.
    • Be at least 15 years old at the time of applying and less than 31 years old as of June 15, 2012.
    • If the applicant is in extradition proceedings, or has a voluntary departure mandate and is not under immigration arrest.
    • Be under 31 years old as of June 15, 2012, you must also be under 15 years old at the time of submitting the application.

Rules Regarding Time to Meet Requirements

  • The applicant must verify that up to date June 15, 2012, was less than 31 years old.
  • He was physically present in the United States.
  • Legally I was not in immigration status.
  • You have continuously lived in the United States since June 15, 2007.
  • He came to the United States and was not 16 years old.
  • He is at school, has a high school diploma in the US or have a GED.
  • Be an honorary veteran of the Coast Guard of the United States Armed Forces.

Renewal

There are 2 types of procedures to request the renewal of DACA. The documentation that will be used is the same that was used to request DACA for the first time, those young people where DACA expired prior to September 5, 2016.

Therefore, you have to go through a process just like the one they once did for DACA, which was culminated by USCIS determination and the youth where DACA was initially admitted by ICE.

Among the documentation that is required to renew DACA, is the following:

  1. Format 821D.
  2. The I-765 Form for work authorization.
  3. Format I-765W.
  4. The copy on the front and back of the last work authorization.
  5. Submit 2 passport-style photos, which must have been taken during the 30 days prior to the filing of the renewal request.
  6. Any documentation that verifies compliance with the requirements for DACA, with respect to identification, domicile in the United States, military service, educational and age.

On the other hand, young people with DACA that has an expiration date of September 5, 2016 or later, have the possibility of renewing with the following documentation:

  • Format 821D, should not be filled where it says “For initial request only”.
  • Form I-765.
  • The I-765W Format.
  • The front and back copy of the last work authorization.
  • Two passport-size photographs taken during the 30 days prior to submitting the renewal application.
  • Add new documentation, for example if you have been arrested, extradition process, among others, which have not been previously annexed.

In any of the renewal conditions, the newest formats must be used, which are acquired free of charge in the USCIS web portal. Check that the space where the expiration date of the DACA authorization is requested is completed.

USCIS may request other information or you may contact other government offices to inquire that no false information has been placed in the DACA renewal request. In relation to the USCIS agency that the petition should be sent to, it goes according to the place where you reside.

It is advisable to use an accredited mail to accurately track the package. As well as, attach Form G-1145 and thus receive digital confirmation that it has been admitted by USCIS.

DACA Renewal Costs

To carry out the DACA renewal the amount is stipulated at $ 495 dollars. In case of not being able to pay it, you can request a loan or scholarship such as the well-known United We Dream.

Additionally, USCIS authorizes on special occasions to request the exception of payment to applicants who present the following conditions:

  • Includes a under 18 years of age in Foster Care, unprotected or without family help and with incomes of less than 150% of the poverty line.
  • Chronically disabled persons with income less than 150% of the poverty line.
  • Applicants who have debts greater than $ 10,000 dollars during the last year for medical expenses both for relatives and for themselves.

In these situations, a communication in English with the corresponding documentation must be sent to USCIS prior to the request for DACA renewal, where the condition is based. This should be sent to the following address:

US Citizenship and Immigration Services, Attn: Deferred Action for Childhood Arrivals Fee Exemption Request, 20 Massachusetts Ave., NW, 4th Floor, Suite 4300, MSC 2300 Washington, DC 20529.

NOTE: In the event that USCIS admits the exception, the renewal request letter must be included.

What is DACA?

The Secretary of National Security on June 15, 2012 reported that some people who arrived in the United States in their childhood, and who obey some requirements, have the possibility of requesting deferred action for a period of 2 years and with the opportunity to renew.

Likewise, these people have the opportunity and permission to obtain employment. Said action is the use of procedural discretion to delay the act of dismissal against a person for a specific period of time. This action does not grant the condition of legality. Such an exposure is called DACA.

To proceed to apply for the DACA Program, it is necessary to know very well the Requirements for DACA. The objective of this Program is to protect from extradition those citizens who do not have the corresponding documents to remain within the United States.

Therefore the Requirements for DACA, help potential applicants to know the steps to follow and also to obtain a legal job in the future. We wish you luck with this process.

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