DACA

Protecting the American Dream for Dreamers

DACA Attorney based in New York City and serving all 50 States.

Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration program designed to protect certain undocumented immigrants who came to the United States as children. Although the program has faced legal challenges over the years, DACA remains in effect as of spring 2023.

The main purpose of DACA is to provide temporary protection from deportation and allow eligible individuals to live more openly in the United States.

Key Benefits of DACA

DACA may provide:

    • Protection from deportation for qualifying individuals who arrived in the U.S. as children
    • Temporary immigration relief through deferred action
    • Authorization to work legally in the United States
    • The ability to study and pursue educational opportunities

    People who are approved under DACA are often called Dreamers. DACA grants a renewable two-year period of deferred action, during which recipients may apply for work authorization and access certain benefits.

    Because eligibility rules and program requirements can change, it is important for DACA recipients and applicants in New York to stay informed and seek guidance before applying or renewing.

Eligibility for DACA

Not every undocumented immigrant qualifies for protection under Deferred Action for Childhood Arrivals (DACA). To be eligible, an applicant must meet specific requirements set by U.S. Citizenship and Immigration Services.

Below is an overview of the main DACA eligibility criteria.

  • Age at Arrival

The applicant must have entered the United States before turning 16 years old. Individuals who arrived at an older age are not eligible for DACA.

  • Continuous Residence

The applicant must have continuously lived in the United States since June 15, 2007, up to the present time.

  • Physical Presence

The applicant must have been physically present in the United States on June 15, 2012, and must also be present in the U.S. when submitting the DACA application.

  • Education or Military Service

To qualify, the applicant must meet at least one of the following:

  1. Be currently enrolled in school
  2. Have a high school diploma or GED
  3. Have been honorably discharged from the U.S. Armed Forces or Coast Guard
  • Criminal History

Applicants must not have been convicted of:

  1. A felony
  2. A serious misdemeanor
  3. Multiple minor misdemeanors
  4. Applicants must also not pose a threat to national security or public safety.
  5. Biographic and Biometric Information

Applicants must provide personal background information, submit fingerprints, and complete a background check as part of the application process.

DACA Has Been the Subject of Ongoing Litigation

Since it was created in 2012, Deferred Action for Childhood Arrivals (DACA) has been the focus of ongoing legal challenges in federal courts. The program provides temporary protection from deportation and work authorization to certain undocumented individuals who came to the United States as children.

Opponents of DACA have argued that the program exceeds executive authority, while supporters emphasize its humanitarian purpose and long-standing reliance by recipients, often referred to as Dreamers. As a result, DACA’s future has been shaped by repeated court decisions rather than permanent legislation.

In 2020, the U.S. Supreme Court allowed DACA to continue, finding that the government’s attempt to end the program did not follow required legal procedures. Following continued litigation, the Department of Homeland Security issued a Final Rule in October 2022 intended to preserve and strengthen DACA by formally codifying the program.

Because court rulings and policy changes can affect who may apply or renew DACA, it is important for current and potential recipients to stay informed and seek legal guidance before taking action.

What to Know About DACA Renewals?

Deferred Action for Childhood Arrivals (DACA) provides temporary deferred action and employment authorization, not permanent legal status. To keep these protections, DACA recipients must renew their status on time.

DACA is typically granted in two-year periods. If a renewal application is not filed before the current period of deferred action expires, a recipient may lose protection from deportation and authorization to work.

When to File a DACA Renewal

As a general rule, DACA recipients should submit a renewal application 120 to 145 days before their current DACA period expires. Filing within this window helps reduce the risk of gaps in protection or employment authorization.

Why Timely Renewal Matters

Failing to renew on time can result in:

  • Loss of deferred action
  • Loss of work authorization
  • Increased risk of removal proceedings

Because DACA remains subject to ongoing litigation and policy changes, renewal requirements and processing times can shift. Staying informed and preparing early can help protect your status.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a federal immigration program created in 2012. It provides temporary protection from deportation and work authorization to certain individuals who were brought to the United States as children without lawful immigration status.

DACA does not grant permanent legal status or provide a direct path to U.S. citizenship. Instead, it offers deferred action, which means the government agrees not to pursue deportation for a limited period. Approved recipients may also apply for an Employment Authorization Document (EAD).

DACA is granted in renewable two-year periods, and recipients must continue to meet eligibility requirements to maintain protection. Because the program was created as a temporary policy and has been shaped by ongoing court decisions, its availability and rules may change over time.

How Do I Apply for Legal Protection Through DACA?

To apply for protection under Deferred Action for Childhood Arrivals (DACA), you must submit a set of required forms, supporting documents, and filing fees to U.S. Citizenship and Immigration Services.

Required DACA Forms

A complete DACA application typically includes:

These forms are filed together as one application package.

Supporting Evidence

Applicants must also submit documents showing they meet DACA eligibility requirements. This may include proof of:

  • Identity and date of birth
  • Entry into and continuous presence in the United States
  • Physical presence on required dates
  • School enrollment, graduation, GED completion, or qualifying military service

USCIS reviews both the forms and the evidence carefully. Missing documents or errors can delay processing or lead to denial.

Why Legal Guidance Matters?

DACA applications involve detailed eligibility rules and ongoing policy changes. At Jessop Law Firm, LLC, led by Immigration Attorney Eliot Jessop, an experienced immigration attorney can review your background, confirm eligibility, help organize evidence, and ensure your application is complete and accurate before filing.

Can DACA Recipients Travel Abroad?

Yes, but only with prior approval. DACA recipients may travel outside the United States only if they first obtain advance parole.

Advance parole is special permission that allows a DACA recipient to leave the U.S. temporarily and return lawfully. It is generally granted for humanitarian, educational, or employment-related reasons. Traveling without advance parole can result in the loss of DACA protections.

How to Request Advance Parole

To apply, a DACA recipient must file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services. The application must include supporting documents explaining the purpose of travel and the required filing fee.

Important Things to Know

  • Advance parole must be approved before leaving the U.S.
  • Approval is discretionary and not guaranteed
  • Travel can carry immigration risks depending on a person’s history

Because international travel can affect future immigration options, it is important to understand the risks and requirements before applying.

What Happens If My DACA Is Terminated or Not Renewed?

DACA provides temporary protection, not permanent legal status. If DACA is terminated or a renewal is not approved, the protections it provides come to an end.

When DACA expires or is terminated, a person may:

  • Lose protection from deportation
  • Lose authorization to work legally in the United States
  • Become more vulnerable to immigration enforcement

DACA protections end automatically when the approved period expires if a renewal is not filed or approved. Because DACA status is discretionary and subject to ongoing legal changes, staying aware of renewal deadlines is critical.

How can Jessop Law Firm, LLC help?

CALL: (212)-858-0716
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If you are concerned about a possible lapse in DACA or have questions about your options, speaking with an experienced attorney can help you understand next steps and identify any alternative forms of immigration relief that may be available.