DACA Today – What you need to know
The Deferred Action for Childhood Arrivals (DACA) program, introduced by President Obama in 2012, has changed quite a bit over the years. Actions by different Presidential administrations and numerous legal challenges makes it challenging to keep up to date with the policy. Here is essential information about the DACA program as it stands now.
If I never applied for DACA, can I now?
Yes! First time applications were not accepted for a period of time, but are once again being accepted. But as time passes, the application requirements change. For example, someone who applied for DACA in 2012 had to show their physical presence in the United States between 2007 and 2012, but someone applying for DACA now has to show their physical presence in the United States between 2007 and the present time.
Do I need to have graduated from high school or have my GED?
No, enrolling in a program is still sufficient to show that you qualify for DACA.
If I have been arrested or convicted of a crime can I qualify for DACA?
Maybe. You will want to have the record of proceedings from your criminal case reviewed by an immigration attorney. Sometimes, if you have a criminal conviction, there may be ways even after the conviction is entered to alter or reduce it to allow you to apply for DACA. This process is complicated and working with both an immigration and criminal attorney is typically necessary.
Can I travel outside the United States with DACA?
For a while, under the Trump Administration, applications for Advance Parole were not accepted. But now, some people with DACA may qualify to request a travel document, called Advance Parole. There must be a significant need for your travel for the Advance Parole application to be approved. Some examples of significant needs may be to care for a relative outside of the United States with a serious health condition, or to attend a work or school conference.
What does DACA give me if my application is approved?
You should receive a work permit valid for two years if your application is approved, along with "deferred action", which means generally that the U.S. government will not seek to remove you from the United States. Deferred action can be taken away if you leave the U.S. without authorization or are convicted of a crime.
Importantly, the U.S. House of Representatives has already passed a bill allowing for a pathway to U.S. citizenship for people who have DACA. The bill will still need to pass the Senate and be signed by the President to become law. Applying for and receiving DACA could give you opportunities in the future to become a U.S. citizen.
Summary
If you have never applied for DACA and believe you may qualify, there are attorneys available to help you assess your options. We do not know whether a pathway to citizenship will be approved for DACA holders, but if it is, having DACA is likely to be the first step on that pathway.