DACA

The short version

Deferred Action for Childhood Arrivals, known as DACA, is a program that allows certain people who came to the United States as children to stay and work legally. If you qualify, DACA gives you protection from deportation and a work permit. This program does not grant you legal status like a green card or citizenship, but it offers temporary relief and a chance to build a life here.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

8 C.F.R. § 274a.12(c)(33)
This regulation states that a noncitizen who has been granted deferred action may be authorized to work in the United States. Deferred action means that the government has decided not to deport a person for a certain period of time.
Why it matters: This rule is the legal basis for DACA recipients to get a work permit, allowing them to legally hold a job.

Words you need to know

Deferred Action: This is a decision by the U.S. government to postpone, or 'defer,' any action to deport you. It is a temporary measure that can be renewed.
DACA (Deferred Action for Childhood Arrivals): A specific type of deferred action for certain people who came to the U.S. as children, offering protection from deportation and a work permit.
Employment Authorization Document (EAD): Also called a work permit, this card proves you are legally allowed to work in the United States. DACA recipients receive an EAD.
Renewal: DACA status and your work permit are temporary, usually for two years. You must apply to renew them before they expire to keep your protection and work authorization.
Advance Parole: A travel document that allows certain noncitizens, including some DACA recipients, to leave the U.S. and return legally. This is a separate application and is not automatically granted with DACA.

Your rights

✓If granted DACA, you receive temporary protection from deportation for a set period.
✓You are authorized to work legally in the U.S. for the period your DACA is valid (8 C.F.R. § 274a.12(c)(33)).
✓You can apply to renew your DACA and work permit before they expire.
✓You may be eligible for a driver's license in many states.
✓You can request travel authorization (Advance Parole) under specific conditions, though it's not guaranteed.

How the process actually works

1
Meet Basic Requirements
Requirements are set by the government and are ongoing.
You must meet several strict requirements, including coming to the U.S. before age 16, being under 31 on June 15, 2012, continuously residing in the U.S. since June 15, 2007, and having no serious criminal record.
2
Prepare Your Application
This can take several weeks or months, depending on how quickly you gather documents.
Gather all necessary documents to prove you meet the DACA requirements, such as school records, medical records, and travel documents. You will also need to fill out specific forms from U.S. Citizenship and Immigration Services (USCIS).
3
Submit Application and Fees
Once your application is prepared, mailing it takes only a few days.
Mail your completed forms and supporting documents to USCIS. You must also pay the required filing fees for DACA and the work permit application, or apply for a fee waiver if eligible.
4
Biometrics Appointment
Typically occurs 3-8 weeks after USCIS accepts your application.
After USCIS receives your application, they will send you a notice to attend an appointment at an Application Support Center. There, your fingerprints, photo, and signature will be taken.
5
Decision and EAD Issuance
Processing times vary greatly, often 6-12 months or more.
USCIS will review your case. If approved, you will receive an approval notice and your Employment Authorization Document (EAD) will be mailed to you. This EAD allows you to work legally (8 C.F.R. § 274a.12(c)(33)).
6
Renew DACA
USCIS recommends applying for renewal 120 to 150 days before your current DACA expires.
DACA and your work permit are usually valid for two years. To maintain your protection and work authorization, you must apply to renew them before they expire.

Deadlines that can end your case

DACA Renewal Application
120 to 150 days before your current DACA and EAD expire
If you apply too late, your DACA may expire before the renewal is processed, meaning you will lose your protection from deportation and work authorization temporarily. Applying too early can also lead to issues.

Costly mistakes

✕Failing to renew DACA and your work permit on time, leading to a lapse in protection and legal work status.
✕Traveling outside the U.S. without approved Advance Parole, which can cancel your DACA and prevent your return.
✕Not providing all required documentation with your application, causing delays or denial.
✕Having certain criminal convictions, even minor ones, which can make you ineligible for DACA.
✕Giving false information on your application, which can lead to denial and more serious immigration consequences.
✕Believing DACA is a path to a green card or citizenship; it is not, it is temporary relief.

Your checklist

Check if you meet all current DACA eligibility requirements.
Gather all necessary documents to prove your eligibility (e.g., proof of entry, continuous residence, education, etc.).
Complete USCIS Forms I-821D, I-765, and I-765 Worksheet.
Pay the required filing fees or apply for a fee waiver.
Mail your complete application package to the correct USCIS lockbox.
Attend your biometrics appointment as scheduled.
Keep copies of everything you submit to USCIS for your records.
If approved, note your DACA and EAD expiration dates and plan to apply for renewal on time.

Common questions

Can DACA recipients travel outside the U.S.?

Only with an approved travel document called 'Advance Parole'. If you leave without it, you will likely not be allowed back into the U.S. and your DACA could be terminated.

Does DACA lead to a green card or U.S. citizenship?

No, DACA itself does not provide a path to a green card or citizenship. It offers temporary protection from deportation and work authorization. Congress would need to pass new laws to create a pathway for DACA recipients.

What happens if my DACA expires and I haven't renewed it?

If your DACA and work permit expire, you lose your protection from deportation and your legal ability to work. You would then be considered unlawfully present and subject to deportation. You would need to apply for a new DACA, which may be treated as an initial application, potentially causing further delays.

Can I apply for DACA if I have a criminal record?

It depends on the type and severity of your criminal record. Certain felonies, significant misdemeanors, or multiple misdemeanors can make you ineligible for DACA. It's important to consult with an immigration attorney if you have any criminal history.

How this changes by state

The federal government sets the rules for DACA eligibility and processing. However, individual states may have different policies regarding what DACA recipients can do within their borders, such as obtaining a driver's license, accessing in-state tuition, or qualifying for certain professional licenses. For example, some states allow DACA recipients to pay in-state tuition at public colleges and universities, while others do not. You would need to check with the specific state's Department of Motor Vehicles or state education system to understand local rules.

When you need a lawyer

You should consider getting legal help if you have a criminal record, even a minor one, as it can affect your DACA eligibility. If you have any complicated immigration history, such as previous deportations or long periods of unlawful presence, a lawyer can guide you. Also, if you plan to travel outside the U.S. and need to apply for Advance Parole, a lawyer can help ensure your application is correct and understand the risks. Finally, if your DACA application is denied, a lawyer can help you understand why and what your options are.

Do this today

→Review the official USCIS DACA website for the most up-to-date eligibility criteria and forms.
→Gather all personal and historical documents that prove you meet DACA requirements.
→If you have questions or concerns about your eligibility, especially regarding criminal history or past immigration issues, schedule a consultation with an immigration attorney.
→Start organizing your documents and completing the necessary USCIS forms accurately.

This lesson is legal information for educational purposes only, based on 8 C.F.R. § 274a.12(c)(33). It is not legal advice and does not create an attorney-client relationship.