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How to Apply for DACA

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The road to lawful status — and even citizenship — for individuals who have called the U.S. home nearly their entire lives has been bumpy. Originally initiated by President Obama via executive order, the Deferred Action for Childhood Arrivals (DACA) program was challenged by President Trump and then again formally reinstated by President Biden.

It’s no wonder so much confusion surrounds this program, which allows some people who were brought to the United States as children the option of applying for a renewable two-year deferred action protection from deportation that may include other benefits. Read on for information about who may qualify for DACA protection and how to apply.

What is DACA?

DACA is a temporary program that affords relief to some people living in the U.S., often called Dreamers. DACA provides a renewable two-year deferred action that includes protection from deportation as well as employment authorization.

Who is eligible for DACA?

In order to be eligible for DACA, an individual must show that they:

Were under the age of 31 as of June 15, 2012
Entered the United States before reaching their 16th birthday
Have continuously resided, and continue to reside, in the United States since June 15, 2007
Were physically present in the United States on June 15, 2012
Did not have a lawful immigration status or expired lawful status on or before June 15, 2012
Are currently in school, have graduated high school or obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or other Armed Forces of the United States
Have never been convicted of a felony or significant misdemeanor, have not had three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

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Other specific criteria can be found at the U.S. Citizenship and Immigration Services (USCIS) website or by contacting us for more information about eligibility.

What’s the application process for DACA?

If you believe you are eligible and want to apply for DACA, you will need to gather the correct paperwork in order to prove your eligibility and file your application forms with USCIS.

Complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals.
Complete Form I-765, Application for Employment Authorization.
Complete Form I-765WS, which is used to determine if you have an economic need to work.

While part 3 of the I-765WS is optional, submission of the form is not. DACA applicants need to submit this form so that USCIS can determine if a work permit is necessary for the applicant. If you have any concerns about the information you are being asked to provide on this form, the attorneys at Farmer Law can help.

Along with your two required forms and the required worksheet, you will need to submit documentation that proves you are eligible for DACA relief. You should not submit original documents with your application — except for the photos — because you will not get them back from USCIS.

You will need to submit two passport-style photos for the Employment Authorization application with your name and date of birth written on the back.

To prove your identity, you may submit:

Passport or national identity document from your country of origin
Birth certificate with photo identification
School or military ID with photo
Any U.S. government immigration or other document bearing your name and photo

To prove the date you entered the U.S. and that it was before you were 16 years old, you may submit:

Passport with admission stamp
Arrival/Departure forms (I-94/I-95/I-94W)
School records from any U.S. schools you have attended
Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)
Travel records
Hospital or medical records
Employment records — such as pay stubs or W-2 forms
Official records from a religious entity confirming participation in a religious ceremony, such as a confirmation
Copies of money order receipts for money sent in or out of the country
Birth certificates of your children born in the U.S.
Dated bank transactions
Automobile license receipts or registration
Deeds, mortgages, or rental agreement contracts
Tax receipts or insurance policies

To prove your immigration status, you may submit:

Form I-94/I-95/I-94W with authorized stay expiration date
Final order of exclusion, deportation, or removal issued as of June 15, 2012
A charging document placing you into removal proceedings

To prove that you were in the U.S. on June 15, 2012, you may submit:

Rent receipts or utility bills
Employment records, such as pay stubs or W-2 forms
School records, such as report cards or test scores
Military records (Form DD-214 or NGB Form 22)
Official records from a religious entity confirming participation in a religious ceremony, such as a confirmation
Copies of money order receipts for money sent in or out of the country
Passport entries
Birth certificates of children born in the U.S.
Dated bank transactions
Automobile license receipts or registration
Deeds, mortgages, or rental agreement contracts
Tax receipts or insurance policies

You may also use the above document types — with the necessary date — to demonstrate that you have continuously resided in the U.S. since June 15, 2007.

To prove your school status, you will need to submit one of the following:

Official records from the school that you are currently attending in the United States
A U.S. high school diploma or certificate of completion
A U.S. GED certificate

To prove your school status, you will need to submit one of the following:

If you are reporting to USCIS that you are eligible for DACA because you are an honorably discharged veteran, you will need to submit one or more of the following documents:

Form DD-214, Certificate of Release or Discharge from Active Duty
NGB Form 22, National Guard Report of Separation and Record of Service
Military personnel records
Military health records

Once you have compiled all your necessary documentation and completed the forms, you will submit your paperwork to the direct filing address found on the USCIS website. For Texas applicants, this means mailing the application and its supporting documentation to either Dallas or Lewisville, depending on the delivery service you use to send your application.

Why might it be helpful to use an attorney for DACA applications?

While it is true that you do not need to submit every document on the list, consulting with an immigration attorney who understands DACA is the best way to build the strongest case possible for you. Applying for DACA is expensive and is not without risk. You are giving USCIS a significant amount of information about yourself, including your most recent location and, potentially, evidence of your criminal history if you have one.

Using an attorney to file DACA applications can help you avoid paperwork errors, give you a steady address to receive mail with updates about your application, and provide you with information and support along the way.

Filing for DACA can be both exciting and intimidating. Farmer Law’s team of passionate and accomplished attorneys will offer you the same world-class communication and responsiveness they provide all clients. Contact Farmer Law today!

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How to Apply for DACA

What is DACA?

Who is eligible for DACA?

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Have a Question?

More Information from Farmer Law

Immigration Law

What’s the application process for DACA?

Why might it be helpful to use an attorney for DACA applications?

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