DACA Eligibility Requirements

• Were under age 31 as of June 15, 2012
• Came to the United States before reaching 16th birthday
• Have continuously resided in the U.S. since June 15, 2007
• Were physically present in the U.S. on June 15, 2012, and at time of application
• Had no lawful status on June 15, 2012
• Currently in school, graduated from high school, obtained GED, or honorably discharged veteran
• Have not been convicted of felony, significant misdemeanor, or three or more misdemeanors
• Do not pose threat to national security or public safety

DACA Benefits

• Two-year renewable protection from deportation (deferred action)
• Employment Authorization Document (EAD) valid for two years
• Social Security Number for employment purposes
• Ability to obtain driver’s license in most states
• Eligibility for advance parole to travel outside U.S. in limited circumstances

DACA Renewal Process

Current DACA recipients must file renewal applications approximately 120-150 days before their current DACA expires to avoid gaps in work authorization. The renewal process requires updated documentation of continuous residence, evidence of education or military service, and background check. We help ensure timely renewals with complete documentation to prevent lapses in status.

Required Documentation

• Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
• Form I-765 (Application for Employment Authorization)
• Form I-765 Worksheet
• Proof of identity and continuous residence since June 15, 2007
• Education records (school transcripts, diploma, GED) or military service records
• Financial records, employment records, medical records showing continuous presence
• Two passport-style photos

Current DACA Policy Status

As of current guidance, USCIS continues to accept DACA renewal applications from individuals who previously received DACA. Initial applications are subject to ongoing litigation and policy changes. We stay current on DACA policy developments and help clients understand their options and any alternative pathways to legal status that may be available.

Exploring Alternative Options

We evaluate whether DACA recipients may qualify for other forms of relief, such as family-based petitions, U visa, VAWA, asylum, or employment-based options. For some Dreamers, advance parole travel and consular processing may create pathways to permanent residency. Each case requires individualized analysis of eligibility and risk.

Why Choose Luis Hess Law

We understand the unique challenges facing DACA recipients and Dreamers. Our attorneys provide thorough eligibility assessments, prepare complete renewal packages, and help clients explore long-term immigration solutions. We’re committed to keeping you informed of policy changes and protecting your rights throughout the process.