On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful, 

yet maintaining that all DACA recipients who received their initial DACA status prior to July 16, 2021 

can continue to renew their applications and related Employment Authorization Documents (EADs). 

USCIS will continue to accept and process timely DACA renewal requests and accompanying applications for employment authorization 

under the DACA regulations at 8 CFR 236.22 and 236.23, as it has been doing since October 31, 2022. 

USCIS will also continue to accept initial DACA requests, but in accordance with the District Court’s order, will not process initial DACA requests until further notice.

DACA continues to be challenged in federal court. 

Work with a licensed professional to ensure compliance with all laws and alternative avenues to obtain permanent legal status. 

If you are an undocumented immigrant residing, you may be eligible to apply for Deferred Action for Childhood Arrivals (DACA). DACA is a federal program that offers temporary protection from deportation and work authorization to those individuals who entered the country before their 16th birthday and meet certain requirements. In this blog post, we will guide you through the process of applying for DACA, including what documents you need, how long it takes, and how an attorney can help you.

Step 1: Check Your Eligibility

Before you apply for DACA, the first step is to check if you meet the eligibility criteria. To be eligible for DACA, you must have arrived in the United States before your 16th birthday, lived continuously in the country for at least five consecutive years, and be under the age of 31 as of June 15, 2012. In addition, you must have a high school diploma or equivalent, or be currently enrolled, and have no serious criminal history.

Step 2: Collect Required Documents

To apply for DACA, you will need to gather various documents, such as identification, proof of arrival in the United States, and evidence of continuous residence. You will also need to provide proof of education or military service, as well as certain financial documents. It is important to consult with an experienced immigration attorney to ensure you have all of the required documents.

Step 3: Submit your Application and Pay the Filing Fee

Once you have checked your eligibility and collected all the required documents, you can submit your DACA application. The filing fee for DACA is $495, which includes both the application fee and the biometric services fee. It is important to note that you cannot get a fee waiver for DACA, so you will need to pay the full amount.

Step 4: Wait for a Response from USCIS

After submitting your DACA application, you will receive a receipt notice from U.S. Citizenship and Immigration Services (USCIS) within about a week. USCIS will then review your application and contact you if they need any additional information. The entire process typically takes several months, but USCIS has recently been processing DACA renewals more quickly.

Step 5: How an Attorney Can Help You

Applying for DACA can be a complex and nerve-wracking process, especially if you are unfamiliar with the U.S. immigration system. However, an experienced immigration attorney can guide you through the process and help you avoid potential pitfalls. An attorney can ensure that you have all the required documents, help you respond to any requests for additional information from USCIS, and provide you with peace of mind throughout the process.

Applying for DACA can provide temporary protection from deportation and work authorization for undocumented immigrants who meet certain requirements. By checking your eligibility, gathering all required documents, submitting your application, and working with an attorney, you can increase your chances of success. Remember, the process can be complex and often stressful, but with adequate preparation and guidance, you can achieve your dream of staying in the United States.