Deferred Action

Deferred Action for Childhood Arrivals (DACA) is a significant program that offers temporary protection from deportation to eligible young immigrants. Here’s why you should trust us with your DACA application.

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Expertise and Knowledge

At Habich Law we are well-versed in the nuances of the DACA program, understanding the specific eligibility requirements and documentation needed. We stay updated on all policy changes to provide you with the most accurate advice.

Comprehensive Support

From the initial application to renewals, we offer comprehensive support. Our services include document preparation, application review, and submission, ensuring that your application is complete and accurate, minimizing delays and rejections.

Contact us at Habich Law to assist you with the process of seeking Deferred Action for Childhood Arrivals (DACA) for the first time or to renew.

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To be eligible for DACA, you must:

Be under 31 years old as of June 15, 2012;
Have arrived in the U.S. before turning 16;
Lived continuously in the U.S. since June 15, 2007;
Were physically present in the U.S. on June 15, 2012, and when applying for DACA;
Had no lawful immigration status on June 15, 2012, and at the time of applying for DACA;
Meet education or military service requirements;
Have no felony convictions, certain misdemeanors, or pose a threat to national security or public safety;

Application Process

You must complete and sign the following three forms:

Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
Form I-765, Application for Employment Authorization; and
Form I-765W Worksheet.

On April 1, 2024, the filing fees now depend on whether you file online ($470.00) or by paper mail ($520). Submit the forms to USCIS with the filing fees and two passport-style photographs. To calculate your exact filing fees, use this fee calculator.

Renewing DACA

On May 13, 2024, USCIS announced their recommendation that all DACA recipients to submit their renewal request 150 to 120 days (four to five months) before the expiration date on the current DACA approval notice.

Filing the renewal request during this timeframe reduces the risk that your current DACA and employment authorization will expire before USCIS makes a decision on the renewal request.

Significantly, if you file more than one year after your current DACA expires, USCIS considers it an initial request and it will not be considered a renewal. At this time, recent court rulings prohibit USCIS from approving initial DACA requests.

Frequently Asked Questions

This process is open to any individual who can demonstrate he or she meets the guidelines for DACA, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention).

You will continue to accrue unlawful presence while your request for consideration of DACA is pending unless you are less than 18 years of age at the time of the request. If you are under 18 years of age at the time you submit your request, you will not accrue unlawful presence while the request is pending, even if you turn 18 while your request is still pending with USCIS. You will not accrue unlawful presence during the period of deferred action. However, having action deferred on your case will not excuse previously accrued unlawful presence.

You must first apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee. USCIS will determine whether your purpose for travel out of the United States is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if your travel abroad is for:
– humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;
– educational purposes, such as semester-abroad programs and academic research, or;
– employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.
Travel for vacation is not a valid basis for advance parole.

A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.

A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion