What is DACA?

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the US as children may request deferred action for 2 years.

DACA stands for Deferred Action for Childhood Arrivals. Deferred action gives protection from deportation and gives employment authorization to certain undocumented youth and young adults. DACA does not provide a pathway to citizenship. DACA only allows eligible undocumented immigrants who came to the US as children to stay. 

Can I apply?

First-time applicants can file initial applications for DACA, but US Citizenship and Immigration Services (USCIS) will not process or approve new applications. 

Current DACA holders can renew their deferred status and work authorization.

Is there a benefit to applying even if applications are not being processed?

Yes, there may be some benefit in applying. If the courts decide that DACA may continue, USCIS can process a pending application. People with pending DACA applications may benefit from future litigation or changes in the law. There is no guarantee that will happen.

Have there been challenges to DACA?

Yes. In a case referred to as Texas II (Texas v. United States, 328 F. Supp. 3d 662), a federal district court decided the 2012 memo creating DACA was unlawful. However, the court said it was okay for existing DACA holders to keep their status. The Fifth Circuit sent the case back to the district court to decide if the DACA program is legal.

As a result, current DACA holders can renew their applications. They can also renew their work permits and apply for advance parole. Advance parole lets people with DACA travel outside the US for specific purposes.  

Do I have to renew DACA?

You must renew your DACA status and work permit every 2 years. If you don’t, you will lose your DACA status and your work permit. If you have DACA or had it last year, you can file applications to renew your deferred status and employment authorization.  

What if my DACA expired more than one year ago?

USCIS is not processing a DACA application if it expired over a year ago. USCIS will treat it as an initial application. If you file outside of the one-year filing deadline to renew, USCIS will not process your application. You can file an application, but it will not be processed.

What is advance parole for people with DACA?

Advance parole allows you to travel outside the US and return to the US. USCIS will grant advance parole if the travel is for:

• Humanitarian purposes (including medical treatment, attending funerals, or visiting sick relatives), 
• Educational purposes, or
• Employment purposes.

Vacations are not a basis for advance parole.

After you return, US Customs and Border Protection (CBP) officers may deny re-entry to the US, even with advance parole. There is no guarantee that CBP officers will allow you back in the US. Consider talking to a lawyer before traveling outside the US. Being denied re-entry is uncommon. However, it is still a risk.

What are the requirements for DACA?

To qualify for DACA, you must have:

• Been under 31 years old as of June 15, 2012 (your birthday is on or after June 16, 1981),
• Come to the US before your 16th birthday,
• Lived continuously in the US (which means you did not make any departures) from June 15, 2007 to the time you file for DACA,
• Been physically present in the US on June 15, 2012, and at the time you apply, 
• Had no lawful immigration status on June 15, 2012, and at the time you applied for DACA*, 
• Graduated from high school, earned a GED, or are currently studying to do so, or you must have been honorably discharged from the armed services of the US, and 

You must not have been convicted of a felony, certain significant misdemeanors, or 3 or more other non-significant misdemeanors. You must not be a threat to national or public safety. 

A significant misdemeanor is a misdemeanor that is an offense of:

• Domestic violence, 
• Sexual abuse or exploitation, 
• Burglary, 
• Unlawful possession or use of a firearm, 
• Drug distribution or trafficking, or 
• Driving under the influence.

It also includes a misdemeanor in which the person was sentenced to be in custody more than 90 days. The sentence must involve time to be in custody, and does not include a suspended sentence.

National security or public safety threats include:

• Gang membership, 
• Participation in criminal activities, or 
• Participation in activities that threaten the United States.

*Having no lawful immigration status on June 15, 2012, and at the time you applied for DACA means:

• You never had lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you had expired as of June 15, 2012, and
• Any lawful status that you had after June 15, 2012, expired, or terminated before you submitted your request for DACA.

Learn more on the Department of Homeland Security Deferred Action for Childhood Arrivals website. 

How is DACA different from the Illinois Dream Act?

If you are an immigrant student, the Illinois Dream Act helps pay for college. It does not protect you from deportation.

What if I am in immigration detention?

If you are in immigration detention and meet the requirements for DACA, explain this to your case officer. It’s a good idea to talk to a lawyer.

Your case officer will review your case with the Office of the Principal Legal Advisor. If you meet the requirements, you may be released on supervision to pursue your case with USCIS.

Forms

Complete and sign: 

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals, 
• Form I-765, Application for Employment Authorization, and
• Form I-765WS, Worksheet.

There are limited exemptions to the filing fee. 

You need to submit 2 passport-style photos with your application.

You may get email or text messages that your form is accepted by completing Form G-1145, E-Notification of Application/Petition Acceptance.

If a lawyer or accredited representative helps you with your application, they need to fill out Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.

If you have questions, call the USCIS Contact Center at (800) 375-5283. Do not visit a USCIS field office.

Filing addresses 

The filing address depends on where you live and what mail carrier you use. Illinois residents will have to file their applications, filing fee, and supporting documents to the following addresses. 

If you use USPS for mailing

USCIS
Attn: DACA
P.O. Box 5757
Chicago, IL 60680-5757

If you use FedEx, UPS, or DHL

USCIS
Attn: DACA (Box 5757)
131 S. Dearborn – 3rd Floor
Chicago, IL 60603-5517

Find direct filing addresses on the USCIS website. 

Resources 

For the most up-to-date information, visit Illinois Coalition for Immigration and Refugee Rights website and the National Immigration Law Center website. 

Immigration is a complicated area of law. If you need a lawyer, visit Get Legal Help.