DACA (Deferred Action for Childhood Arrivals)
The executive policy established in 2012 providing temporary administrative relief from deportation and employment authorization to eligible individuals brought to the U.S. as children.
1. Overview of the Process & Reasons to Pursue
Deferred Action for Childhood Arrivals (DACA) is an administrative exercise of prosecutorial discretion created by executive memorandum in June 2012. It provides temporary, renewable two-year grants of deferred action (protection from deportation) and employment authorization to undocumented individuals who arrived in the United States as children, have continuously resided in the country, completed high school or served in the armed forces, and passed comprehensive criminal background checks. DACA does not provide a direct pathway to permanent residence or citizenship, but it provides lawful presence for work and travel.
Why Someone Pursues This Process / How One Enters It
DACA provides vital security and economic stability: a renewable 2-year Employment Authorization Document (EAD), an unrestricted Social Security number, eligibility for a New York State driver's license, and protection against removal. Furthermore, DACA recipients can apply for Advance Parole (Form I-131) based on humanitarian, educational, or employment reasons. Traveling abroad and returning on Advance Parole provides a legal entry/inspection, which unlocks subsequent family-based Adjustment of Status (Green Card) without needing an unlawful presence waiver.
2. How Long the Process Usually Takes
3 to 6 months for USCIS processing of DACA renewals. (Note: Due to ongoing federal court litigation, USCIS currently accepts but cannot process or approve initial first-time DACA applications).
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Form I-821D
Consideration of Deferred Action for Childhood Arrivals
Form I-765
Application for Employment Authorization (category (c)(33))
Form I-765WS
Form I-765 Worksheet (documenting financial necessity for work authorization)
Form G-28
Notice of Entry of Appearance as Attorney
Form I-131
Application for Travel Document (filed separately for Advance Parole travel permission)
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Proof of continuous physical presence in the U.S. since June 15, 2007 (school transcripts, diplomas, medical records, bank statements, lease agreements, utility bills, pay stubs)
- Proof of initial entry into the U.S. before reaching age 16 (school records, immunization cards, baptismal certificates, travel records)
- Proof of physical presence in the U.S. on June 15, 2012, and being under age 31 on that date
- Proof of education: high school diploma, GED certificate, current school enrollment verification, or honorable discharge from U.S. military
- Certified final court dispositions, police reports, and dismissal orders for any arrests, citations, or traffic infractions
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Felony Conviction: Any conviction for an offense punishable by imprisonment exceeding one year under federal, state, or local law.
- Significant Misdemeanor: Any conviction for domestic violence, sexual assault, unlawful firearm possession, drug distribution/trafficking, burglary, or driving under the influence (DUI/DWI).
- Three or More Non-Significant Misdemeanors: Accumulating three or more misdemeanor convictions not occurring on the same date and not arising out of the same act.
- Public Safety or National Security Threat: Any gang affiliation, terrorism, or threat to public safety.
- Unauthorized Departure: Traveling outside the U.S. on or after June 15, 2012, without advance written permission (Advance Parole).
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- DACA Renewal Approved: Two-year grant of deferred action and new EAD card produced and delivered.
- Request for Evidence (RFE): USCIS requests updated court records or continuous physical presence proof.
- Notice of Intent to Terminate / Deny: USCIS issues notice citing disqualifying criminal history or court issues.
- DACA Denied: Protection and work authorization expire; applicant subject to removal if priority enforcement applies.
8. What Can Be Done If Your Outcome Is Negative?
USCIS DACA denials cannot be appealed to the Administrative Appeals Office (AAO) or challenged via Form I-290B. However, if the denial was caused by clear USCIS administrative error (e.g., misreading a certified dismissal or date), counsel can submit a formal Service Request, contact the USCIS Ombudsman, or request supervisory review. If disqualification was caused by an ambiguous criminal conviction, post-conviction relief in state criminal court should be pursued to vacate the conviction.
9. Range of Legal Fees Charged by Lawyers
$800 to $1,800 for standard DACA renewal filings; $2,000 to $3,500 for complex cases involving arrest histories, court records, or Advance Parole travel strategies.
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.