Immigration Blog

December 7, 2020

DREAM Act/DACA

DACA

INITIAL Dreamer DACA applications ARE being ACCEPTED.

RENEWAL APPLICATIONS are being accepted.

ADVANCE PAROLE applications are being accepted.

Another court in Texas may make a decision that will impact DACA & Advance Parole so there may only be a small window of time to apply.  This court may make a decision on December 22, 2020.  Do not wait to apply.

We are encouraging those who are eligible to file Initial Daca and advance parole to file immediately:  Why File your initial application or Renew with Bailey Immigration, PC?  

  •  We have done hundreds of DACA applications, 
  • we send the application off within one day of your appointment with our office, 
  • we are experienced and know how to do it right,
  •  and our staff enjoys helping you.

President Obama created a policy whereby some childhood arrivals to the United States will qualify for Deferred Action for Childhood Arrivals (DACA). Some people also refer to this as the ‘Dream Act’ though it is not the Dream Act. If your application is approved, you will receive a work permit valid for 2 years.  Currently, only those who have previously held DACA status are able to apply to renew their status.

  • USCIS charges $495 for this application ($410 for the work authorization and $85 for the biometric fee). 
  • You will need 2 passport style photos, photo identification, and some type of national identity document.
  • You have already given the follow proof your initial application and won’t need to do so now unless your DACA status has lapsed for 6 months or more:
  • You will need to prove that you entered the USA before your 16th birthday.
  • You must have been under 30 years old on June 15, 2012.
  • You will need to prove continuous residence in the USA from June 15th, 2007 to present and prove that you were in the USA on June 15, 2012.
  • You will also need your high school diploma or Ged certificate. You may also show that you are currently in school or a ged program or other alternate school program.
  • See below requirements for Initial DACA applications.

If you have ever been arrested or convicted of a crime or have pending charges, you may be ineligible and you should seek the advice of an attorney before filing your application.

 

Guidelines

For Renewing DACA, you should not need any additional proof unless you have been convicted of a crime, arrested, married and changed your name or if your status has lapsed for 6 months or more.

If your DACA status has lapsed 6 months or more, you will need proof similar to an Initial DACA application.  See below. OR if you are an INITIAL DACA APPLICANT

You may request DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. 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;
  5. Had no lawful status on June 15, 2012;
  6. 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; and
  7. 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.

 

Age Guidelines

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

Your situationAge
I have never been in removal proceedings, or my proceedings have been terminated before making my request.At least 15 years old at the time of submitting your request and under the age of 31 as of June 15, 2012.
I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.Under the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.

 

Timeframe for Meeting the Guidelines

You must demonstrate

That on June 15, 2012 youAs of the date you file your request you
  • Were under the age of 31 years
  • Were physically present in the United States
  • Had no lawful status
  • Have resided continuously in the U.S. since June 15, 2007;
  • Had come to the United States before your 16th birthday
  • Were physically present in the United States; and
  • Are in school, have graduated from high school in the United States, or have a GED; or
  • Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

 

Education and Military Service Guidelines

Your school or military status at the time of requesting DACAMeet education or military service guidelines for DACA
 I graduated from:

  • Public or private high school; or
  • Secondary school.
    Or
  • I have obtained a GED.
Yes
I am currently enrolled in school.

See the Education section of the FAQs for a full explanation of who is considered currently in school.

Yes
I was in school but dropped out and did not graduate. I am not currently in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.No
I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

 

Call (866) 521-6422 to contact a Portland DACA lawyer