How Can My Children Apply for DACA?

DACA is a policy that safeguards undocumented immigrants who came to the United States as children. The Deferred Action for Childhood Arrivals (DACA) program provides a work permit and protection from deportation to undocumented immigrants who came to the United States as children.

How Can My Child Apply for DACA?

If your child has never applied for DACA before, they might be eligible to submit an initial application. Here’s a quick guide to signing your children up for the Deferred Action for Childhood Arrivals (DACA) program.

First, follow the eligibility requirements and submit an online application to USCIS. However, remember to provide proof of U.S. citizenship before making progress.

Eligibility Requirements

Candidates should fulfill the following DACA requirements:

• They illegally entered the United States before they reached the age of 16.
• Be younger than 31 years old as of the date DACA was implemented.
• Have lived in the United States continuously since June 15, 2007.
• Were in the United States on June 15, 2012, and at the time of submitting a request for consideration of deferred action with USCIS (U.S. Citizenship and Immigration Services).
• Continuous residence and physical presence requirements while not in school, military service, or public interest employment.
• Not a threat to the public, and have not been convicted of a major misdemeanor offense since June 15, 2007.
• Have a high school diploma or a G.E.D., have been honorably retired from the military forces, or are currently enrolled in educational programs.

How to Apply

If you are applying for the very first time, you must:

• Fill out Form I-821D (formally called “Consideration of Deferred Action for Childhood Arrivals”) and Form I-765 (officially called “Application for Employment Authorization Document”).
• Complete the application. Review that all the documentation is correct and pay the application fee. Mail the application to USCIS.
• Make and schedule a biometrics session at a USCIS Application Support Center near you.
• For further assistance or inquiries, contact a Barrios Virguez immigration lawyer.

Documents Needed to Apply for DACA

If you wish to apply for DACA, you will need to prepare several documents. Your attorney can help you collect these documents and fill out any paperwork during the process.

Proof of Identity

Have a valid passport, military I.D., birth certificate, school I.D., a government-issued photo I.D. card that contains your name, and a photo (i.e., driver’s license).

Proof of Social Security Number

Have a valid U.S. Social Security card or a Form SS-5 Employment Authorization Card (green card). Your child will receive an Employment Authorization Card as soon as they are approved for DACA.

Proof of Established Residence Before Age 16 if You Left the U.S. and Returned Later

To prove you were outside the U.S. for more than 330 days before your 16th birthday, you must submit clear and demonstrative proof of physical presence in the United States between June 15, 2007, and June 15, 2012. Provide a passport showing that your stay covered an uninterrupted period of at least one year between the birth date and June 15, 2012.

Proof of Current Education, Graduation, G.E.D., or Military Service

School report card (or equivalent) showing their high school graduation or G.E.D. Have a copy of their report from the branch of service where your child is stationed if they are in a military school.

Proof of Relationship

If you are married to or are the parent of a U.S. citizen or legal permanent resident (LPR), have a marriage certificate, birth certificate for your spouse, or other proof (i.e., adoption papers) that verifies the parent-child relationship.

Proof of Plan to Apply for Legal Status

If you are not in removal proceedings but are interested in applying for legal status, show that you plan to file an application to adjust your status with the required supporting evidence.

Proof of Criminal History

Have a copy of court-certified criminal history (or equivalent) if your child is under 18 years old.

Seek Legal Assistance

The DACA application process can easily become overwhelming and take up a lot of your free time. Seek guidance from an immigration attorney to simplify the process.

Working with a lawyer, you can rest assured that your case is handled by an expert. Thus, you will have time to focus on what is truly important, your family.

About the author:

With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.