DACA Eligibility: Are You Prepared to Apply?
Jan. 16, 2025
At Corbaci Law, P.C., we know how significant it is to feel secure when starting a new life in the United States. Deferred Action for Childhood Arrivals (DACA) provides an opportunity for eligible individuals to obtain temporary relief from deportation and pursue work authorization.
Having been through immigration processes herself, Christina Corbaci understands the feelings and challenges that come with beginning anew. As a dedicated advocate in immigration law, our firm in Woburn, Massachusetts is committed to providing you with the clarity and guidance you need to determine your eligibility and prepare to apply.
What Is DACA, and Who Does It Benefit?
DACA was introduced in 2012 to help undocumented individuals who came to the United States as children. It grants temporary protection from deportation and offers work permits, allowing eligible individuals to contribute to their communities without fear of removal.
To qualify for DACA, applicants must meet specific criteria related to age, residency, and education. It’s important to understand that DACA isn’t a path to permanent residency or citizenship, but it can provide temporary peace of mind while allowing individuals to live and work in the United States legally.
DACA benefits those who:
Entered the United States before their 16th birthday
Have continuously resided in the United States since June 15, 2007
Were physically present in the United States on June 15, 2012
Meet educational or military service requirements
Have no significant criminal history
These criteria are a starting point. Meeting them doesn’t automatically mean your application will be approved, which is why it’s essential to carefully prepare your materials.
Eligibility Requirements for DACA
DACA eligibility is based on several factors. To apply successfully with an immigration law firm, you must satisfy each of the following requirements:
Age Requirements
Applicants must meet the following age-related criteria:
You were under 31 years of age on June 15, 2012.
You entered the United States before your 16th birthday.
You were at least 15 years old when you applied for DACA (unless you’re currently in removal proceedings or have a final order of removal).
Residency and Physical Presence
To qualify for DACA, you must demonstrate that:
You have continuously lived in the United States since June 15, 2007.
You were physically present in the United States on June 15, 2012, and at the time you submitted your application.
Education or Military Service Requirements
You must also show that you meet one of the following criteria:
You’re currently in school or have graduated from high school.
You’ve obtained a General Educational Development (GED) certificate.
You’re an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.
Criminal History
DACA isn’t available to individuals with certain criminal records. You may not qualify if:
You have been convicted of a felony.
You have been convicted of a significant misdemeanor (such as domestic violence or DUI).
You have three or more non-significant misdemeanors.
If you have concerns about your criminal history, we can help assess your eligibility and determine how it might impact your application.
Steps to Apply for DACA
Once you determine that you meet the eligibility requirements, the next step is to prepare your DACA application. Applying for DACA involves several key steps that require careful attention to detail.
1. Collect supporting documents
Gather evidence to prove you meet the DACA criteria:
Proof of identity: Passport, birth certificate, or other government-issued identification.
Proof of entry before age 16: School records, medical records, or other official documents showing your entry date.
Proof of continuous residence: Bills, lease agreements, pay stubs, or other records showing you have lived in the U.S. since June 15, 2007.
Proof of education or military service: High school diplomas, GED certificates, or discharge papers.
2. Complete Form I-821D and related forms
The primary form for DACA is Form I-821D, Consideration of Deferred Action for Childhood Arrivals. You will also need to submit:
Form I-765, Application for Employment Authorization
Form I-765WS, which explains your financial need for work authorization
3. Pay the required fees
The application fee for DACA is currently $495, which includes the cost of processing and biometric services (fingerprinting and background checks). Fee waivers aren’t available, so it’s important to prepare for this expense.
4. Attend your biometrics appointment
After submitting your application, you will be scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature. This information is used for background checks to confirm eligibility.
5. Wait for a decision
Processing times for DACA applications can vary. While waiting for a decision, it’s essential to keep copies of all submitted documents and monitor your application status.
Why Preparation Matters When Applying for DACA
Applying for DACA can be a significant step, and thorough preparation is key to avoiding delays or denials. Small mistakes, missing documents, or incomplete applications can result in setbacks, which is why it’s essential to approach the process carefully.
Here’s why preparation matters:
Avoiding errors: Errors on forms or missing documents can cause delays or lead to denials.
Strengthening your case: Providing clear and thorough evidence makes it easier for USCIS to confirm your eligibility.
Managing deadlines: Submitting your application on time helps you maintain protection and work authorization without interruption.
We often remind clients that being informed and organized is a great way to approach immigration law processes like DACA.
Renewing Your DACA Status
If you already have DACA, it’s important to renew your status before it expires. Renewal allows you to continue benefiting from deportation protection and work authorization without disruption. Here’s what you need to know about renewing DACA:
Timing: You can submit your renewal application up to 150 days before your current status expires.
Requirements: You must continue to meet the original DACA eligibility criteria, including continuous residence and no disqualifying criminal history.
Documentation: Renewal applications require updated evidence, such as recent pay stubs, school records, or other proof of continuous residence.
Forms and fees: Renewal requires the same forms (I-821D, I-765, and I-765WS) and a $495 filing fee.
Failing to renew your DACA status in a timely manner can lead to a lapse in protection, so it’s crucial to plan ahead.
Addressing Challenges With Your DACA Application
While the DACA process is straightforward for many applicants, challenges can arise. Some common issues include:
Missing documents: Incomplete or insufficient evidence can delay your application.
Criminal history: Certain offenses can disqualify you, but not all criminal records are disqualifying.
Missed deadlines: Failing to submit or renew your application on time can impact your eligibility.
If you encounter any of these challenges, our immigration law firm can help you identify solutions and work through the process effectively. Whether it’s gathering additional documentation, addressing a criminal history concern, or clarifying eligibility, we are here to assist you every step of the way.
How Corbaci Law, P.C. Can Help
At Corbaci Law, P.C., we understand that applying for DACA is a significant decision, and we are here to guide you through the process. Christina Corbaci’s personal experience as an immigrant gives her a unique understanding of the challenges and hopes that come with seeking a better life. Our immigration law firm provides personalized legal guidance to:
Determine eligibility: We will review your situation to confirm you meet all DACA requirements.
Prepare applications: We help you gather evidence, complete forms, and submit a strong application.
Address challenges: If issues arise during your application, we will work to resolve them effectively.
Plan for renewals: We will help you stay on track with timely renewals to avoid gaps in protection.
Our goal is to help you feel informed, confident, and supported as you prepare to apply for or renew your DACA status.
Speak to an Immigration Law Attorney Today
If you’re considering applying for DACA or renewing your status, Corbaci Law, P.C. is here to help you through every step of the process. We serve clients in Woburn, Boston, Marlborough, and Framingham, Massachusetts. Reach out to us today to schedule a consultation and start moving toward a more secure future.