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Deferred Action for Childhood Arrivals (DACA): Understanding Eligibility and Renewal Options in San Diego

Deferred Action for Childhood Arrivals (DACA) is a vital program that has provided protection for many undocumented individuals who came to the United States as children. If you or someone you know is considering applying for DACA or renewing their status, it is essential to understand the eligibility requirements and renewal process to maintain legal protection and work authorization. In this blog, we will explore what it takes to qualify for DACA and outline the necessary steps for successful renewals, all with a focus on the San Diego community.

What is DACA

DACA is a U.S. immigration policy that allows certain undocumented individuals who were brought to the U.S. as children to receive a renewable two-year period of deferred action from deportation and become eligible for work permits. Established in 2012, DACA does not grant legal status but provides temporary relief from deportation and the ability to work legally in the U.S. This program has been a lifeline for hundreds of thousands of “Dreamers” and continues to be a topic of intense legal debate.

Who Qualifies for DACA?

To be eligible for DACA, applicants must meet a strict set of criteria. As of the latest guidance, you may qualify if you:

  1. Arrived in the U.S. before your 16th birthday and were under the age of 31 as of June 15, 2012.
  2. Have continuously resided in the U.S. since June 15, 2007, up to the present time.
  3. Were physically present in the U.S. on June 15, 2012, and at the time of making your DACA request.
  4. Had no lawful status on June 15, 2012.
  5. Are currently in school, have graduated, or obtained a certificate of completion from high school, obtained a GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
  6. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors and do not pose a threat to national security or public safety.

It’s crucial to consult with an experienced San Diego immigration attorney, such as Susan V. Perez, to ensure that you meet all the requirements before applying.

The DACA Renewal Process

For those who are already DACA recipients, staying up-to-date on renewal requirements is key to maintaining your status. Here are the steps involved in the DACA renewal process:

  1. Check Your Expiration Date: It’s recommended to submit your DACA renewal application 120 to 150 days (4-5 months) before your current DACA expires to avoid any lapse in your employment authorization or deferred status.
  2. Gather the Required Documents: You will need to provide information such as your current employment authorization document (EAD), proof of identity, and evidence that you have continuously resided in the U.S. since your last DACA approval.
  3. Complete the Correct Forms: The primary forms for DACA renewal are Form I-821D, Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet). Make sure these are filled out accurately and completely.
  4. Pay the Filing Fee: As of 2024, the filing fee for DACA renewal is $495. If you cannot afford this fee, inquire about fee waivers or assistance programs.
  5. Submit Your Application and Wait for a Decision: Once submitted, you may be asked to attend a biometrics appointment. After this, you will wait for USCIS to process your renewal.

Why Choose an Immigration Attorney in San Diego for Your DACA Application?

Working with a qualified immigration attorney in San Diego, like Susan V. Perez, can make a significant difference in the success of your DACA application. An attorney can help identify potential issues, ensure your application is thorough and accurate, and represent your interests in the event of legal challenges.

DACA in the Current Legal Landscape

It’s important to stay informed about the latest developments regarding DACA. Due to ongoing legal challenges, the program’s future remains uncertain. Partnering with a knowledgeable attorney in San Diego ensures you receive up-to-date advice and guidance tailored to your unique circumstances.

For more information or to schedule a consultation, contact Susan V. Perez Law Offices in San Diego today. Empower your future by staying informed and prepared.

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Immigration and Naturalization Law Attorney since 2008.
Based in San Diego, California.

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