DACA Attorneys in Woburn, Massachusetts

Deferred Action for Childhood Arrivals (DACA) is an initiative from the Obama administration that allows undocumented youths who came to the United States as children to receive work authorizations. The program was formalized by the Department of Homeland Security (DHS) on June 15, 2012. DACA, however, does not provide a path to lawful permanent resident (LPR) status.

On July 16, 2021, a U.S. district court in Texas issued an injunction against DACA, ruling it illegal because DHS had not followed the Administrative Procedure Act (APA) in seeking public commentary before implementing the rule. Though the court issued an injunction against admitting new persons into the program, it allowed DHS to continue to renew those already in the program.

If you arrived in the United States as a child and want to pursue the DACA program for work authorization and other benefits, contact the immigration attorneys at Corbaci Law, P.C. We’re proud to serve both hopeful DACA participants and current DACA participants in the Woburn area, as well as Boston, Marlborough, Framingham, and the rest of Massachusetts.

Understanding Deferred Action
for Childhood Arrivals (DACA)

DACA began as an executive order by President Obama but then moved to the Department of Homeland Security (DHS), which issued a regulation implementing the program. DACA is essentially a work permit program for undocumented immigrants who arrived here as children and protects recipients from deportation. A DACA work grant lasts two years and then must be renewed.

Advance parole is another aspect of the DACA regulation, which allows DACA recipients to travel outside of the U.S. for educational, employment, or humanitarian reasons.

Keep in mind that the United States Citizenship and Immigration Services (USCIS) can no longer approve initial DACA requests or accompanying applications for employment authorization while the court order from the Southern District of Texas remains in effect. The agency is still accepting applications, but they are being put on hold so long as the court injunction remains in effect.

Current DACA recipients can renew their status so long as it has been less than one year since the former DACA grant expired. Advance parole is also still available for those with current grant status. Those with DACA grants will not lose their status so long as they renew their authorizations on time.

USCIS and DHS are both seeking relief from the injunction through the appeals process, and the Biden Administration has introduced legislation to make the program permanent, though it must get through both houses of Congress.

Who Is Eligible for DACA?

Keeping in mind that new DACA applications can be submitted but not approved while the injunction is in place, here are the requirements for DACA eligibility:

• Born after 6/15/81

• Arrived in the U.S. before the age of 16

• Continuously resided in the U.S. since 6/15/07

• Physically present in the U.S. on 6/15/07 and at the time of application

• Did not have lawful resident status on 6/15/12 (date of DACA start)

• Currently in school or a graduate (GED qualifies)

• Not convicted of three or more misdemeanors, or pose a threat to U.S. security

• Show economic necessity to obtain a work permit

The DACA Process

You can download the forms you need from the USCIS website. For an initial application, you will need to complete and file Form-I-821D, Form I-765, and Form I-765WS. You will also need to pay filing fees and submit passport photos. 

For a renewal application, you will need to file the same forms, pay the fees, submit passport photos, and include a copy of the front and back of your current employment authorization document.

Initial applications are being accepted but being put on hold. Renewal applications are being fully processed if submitted on time (less than one year after the expiration of current work authorization). It’s vital to reach out to an attorney for help throughout the entire DACA application process.