The Deferred Action for Childhood Arrivals (DACA) program has provided thousands of young immigrants with the opportunity to live, study, and work in the United States without fear of deportation. However, the legal landscape surrounding DACA is constantly evolving, creating uncertainty for applicants. At Tourzani & Long, LLC, we are committed to helping you navigate the DACA application process in the current legal climate. This post provides essential information and tips to guide you through your DACA journey.

Understanding DACA: Eligibility Requirements

DACA is an immigration policy that allows certain individuals who were brought to the U.S. as children and meet specific criteria to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. To be eligible for DACA, applicants must meet the following criteria:

Age requirements. Must have been under the age of 31 as of June 15, 2012, and at least 15 years old at the time of application (unless currently in removal proceedings).
Arrival date. Must have arrived in the U.S. before reaching your 16th birthday.
Continuous residence. Must have continuously resided in the U.S. since June 15, 2007.
Physical presence. Must have been physically present in the U.S. on June 15, 2012, and at the time of applying.
Education and military service. Must be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
Criminal record. Must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and must not pose a threat to national security or public safety.

The DACA Application Process

Step 1: Gather Required Documents. Before starting your application, gather all necessary documents to prove your eligibility. These may include:

Identity documents. Passport, birth certificate, or any government-issued ID.
Proof of arrival and residence. School records, medical records, utility bills, or any other documentation that shows continuous residence in the U.S. since June 15, 2007.
Educational records. High school diploma, GED certificate, school transcripts, or proof of current enrollment.
Military records. For veterans, documentation of honorable discharge.

Step 2: Complete and Submit Forms. The primary forms required for a DACA application are:

Form I-821D. Consideration of Deferred Action for Childhood Arrivals.
Form I-765. Application for Employment Authorization.
Form I-765WS. Worksheet explaining your economic need for employment.

Ensure all forms are completed accurately and thoroughly. Any errors or omissions can delay the processing of your application.

Step 3: Pay the Filing Fee. The total filing fee for the DACA application is $495. This fee covers the cost of processing your application and the biometrics appointment. Ensure you submit the correct fee to avoid delays.

Step 4: Attend the Biometrics Appointment. After submitting your application, you will receive a notice for a biometrics appointment. At this appointment, USCIS will collect your fingerprints, photograph, and signature for a background check. Attend this appointment as scheduled and bring the required identification documents.

Step 5: Await the Decision. Once your application and biometrics are complete, USCIS will review your case. The processing time can vary, but you can check the status of your application online. If approved, you will receive a DACA approval notice and an Employment Authorization Document (EAD).

Tips for a Successful DACA Application

Stay Informed About Legal Changes. The legal landscape for DACA is constantly changing. Stay informed about any changes in legislation or court rulings that may affect your application. Consulting with an immigration attorney can provide you with the latest updates and advice.

Ensure Accuracy and Completeness. Accurate and complete information is crucial for a successful application. Double-check all forms and documents for errors before submission. Incomplete or inaccurate applications can result in delays or denials.

Provide Strong Supporting Evidence. Supporting evidence is key to proving your eligibility. Gather clear, well-organized documents that demonstrate your identity, arrival date, continuous residence, and educational or military status.

Seek Legal Assistance. Navigating the DACA application process can be complex. At Tourzani & Long, LLC, our attorneys provide comprehensive legal support to help you through every step, ensuring your application is as strong as possible.

Common Challenges and How to Overcome Them

Legal Uncertainty. The DACA program has faced numerous legal challenges, creating uncertainty for applicants. To navigate this, stay informed about the current legal climate and consult with an attorney to understand your options.

Requests for Evidence (RFEs). If USCIS needs additional information, they may issue a Request for Evidence (RFE). Responding promptly and thoroughly to RFEs can help keep your application on track. Consult with an attorney if you receive an RFE to ensure your response addresses all USCIS concerns.

Renewal Complications. If you are renewing your DACA status, ensure you submit your renewal application 120 to 150 days before your current period of deferred action expires. This helps prevent any lapse in your status and work authorization.

How Tourzani & Long, LLC Can Help

At Tourzani & Long, LLC, we offer a full range of services to assist you with your DACA application. Here’s how we can help:

Initial consultation and eligibility assessment. We begin with a thorough consultation to understand your situation and determine your eligibility for DACA. This helps us develop a tailored strategy for your application.
Detailed application preparation. Our attorneys assist you in preparing and filing the necessary forms, ensuring all information is accurate and complete. We help you gather and organize supporting documents to strengthen your case.
Continuous support and representation. We offer continuous support throughout the application process, including responding to RFEs and providing updates on any legal changes that may affect your application.

FAQs about the DACA Application Process

Q: How Long Does the DACA Application Process Take?

A: The processing time for DACA applications varies but typically takes several months. Factors such as USCIS processing times and individual circumstances can affect the timeline.

Q: Can I Travel While My DACA Application Is Pending?

A: Traveling outside the U.S. while your DACA application is pending can be risky. It is advisable to consult with an attorney before making travel plans, as travel may affect your eligibility.

Q: What Happens If My DACA Application Is Denied?

A: If your DACA application is denied, you may have the right to appeal the decision or reapply. Understanding the reasons for denial is crucial for addressing any issues in your appeal or reapplication. Our attorneys can help you navigate this process.

Secure Your Future with Tourzani & Long, LLC

Applying for DACA is a significant step to securing your future in the United States. At Tourzani & Long, LLC, we are committed to helping you navigate the DACA application process with confidence and ease. Contact us today—visit our website or call (201) 987-0036 to schedule a consultation and take the first step toward securing your status.