Applying for Deferred Action for Childhood Arrivals (DACA) can be a life-altering step for many individuals who were brought to the United States as children. Understanding the timeline involved in the DACA application process is crucial for planning your future effectively. In this comprehensive guide, we'll walk through the entire process, from application submission to approval, providing you with insights on what to expect and how long each stage might take.
Understanding the DACA Application
DACA, or Deferred Action for Childhood Arrivals, was introduced by the Obama administration in 2012. It allows undocumented immigrants who arrived in the U.S. as minors, known as Dreamers, to receive a renewable two-year deferment from deportation and eligibility for work permits.
Preparation and Gathering Documents
The first step in the DACA application process is preparation. Here’s what you need to do:
- Confirm Eligibility: Review the eligibility criteria for DACA, which includes age at arrival, education, criminal history, and continuous presence in the U.S.
- Gather Documents: You’ll need various documents like school records, affidavits, and proof of presence in the U.S. since June 15, 2007.
📝 Note: Ensuring you have all documents in order can significantly expedite the process.
Submitting the Application
After preparation, here’s how you submit your application:
- Complete Form I-821D: This is the main DACA application form.
- Complete Form I-765: For employment authorization.
- Send by Mail: DACA applications are not filed online; they must be mailed to the designated USCIS lockbox facility.
Receipt Notice
Once your application is received:
- Notification: You’ll receive a receipt notice (Form I-797) usually within 3-5 weeks.
- Tracking: This receipt notice includes a number which you can use to track your case online.
Biometrics Appointment
Following the receipt notice, you’ll receive:
- Appointment Notice: You’ll get an appointment notice (also Form I-797) for your biometrics (fingerprints, photographs, signature).
- Processing: The appointment typically happens about 2-6 weeks after receiving the receipt notice.
Request for Evidence
If USCIS requires additional information:
- RFE: They will send a Request for Evidence (RFE). This might include clarifying documents or missing information.
- Response Time: You’ll typically have 30-90 days to respond to an RFE.
Final Decision
The final decision on your DACA application can take:
- Time Frame: The average wait time is around 6-12 months, but this can vary based on several factors including USCIS’s current workload.
- Notification: You’ll be notified by mail with a decision letter (approval or denial) and, if approved, employment authorization documentation.
Approval and Deferred Action
Upon approval:
- Employment Authorization: You’ll receive an Employment Authorization Document (EAD) which allows you to legally work in the U.S.
- Driver’s License: You can apply for a driver’s license in most states.
Renewal Process
DACA needs to be renewed every two years. Here’s the timeline:
- Renewal Notice: You’ll receive a reminder about four months before your current DACA expires.
- Application: Start the renewal process 120-150 days before your current DACA expires.
- Approval: It typically takes about 3-5 months, but filing early can prevent any gaps in status or work authorization.
📚 Note: Filing on time for renewal is crucial to avoid any lapse in your legal protections.
In conclusion, understanding the DACA application timeline is essential for planning your life in the United States. While the process can be lengthy, having a clear timeline, preparing your documents thoroughly, and following the steps outlined can help you navigate through this crucial journey with confidence. Remember that while the timeline provided is an average, your individual case might differ, so patience and proactive engagement with your application status are key.
How can I expedite my DACA application?
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Generally, you can request expedited processing by providing evidence of urgent humanitarian needs, significant public interest, or other compelling reasons. However, not all requests are granted.
What happens if my DACA application is denied?
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If your DACA application is denied, you have the option to appeal the decision or reapply if your circumstances change or new evidence is available.
Can I travel abroad while my DACA application is pending?
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It’s highly recommended not to travel outside the U.S. while your DACA application is pending unless you have Advance Parole, which can be applied for if you need to travel for educational, employment, or humanitarian reasons.
