With the announcement that the government will begin to accept new applications for the Deferred Action for Childhood Arrival (DACA) program, it raises an important question: when can I apply? The answer is simple: you can file as soon as you want. But, there are important steps and requirements in place. Our team at Maison Law Immigration Lawyers can help you through the process. Set up a consultation today to learn more.
When Can I Apply For DACA in California?
There’s two categories for DACA applications: first-time and renewals. Renewals, obviously, only apply to “dreamers” that are already here under DACA.
If you’re not here under DACA, though, and you meet a few specific requirements, you can apply right away:
- You must have entered the U.S. before turning 16.
- You need to show that you’ve lived here continuously since June 15, 2007.
- On June 15, 2012, you had to be under 31 years old and physically present in the U.S.
- You must still be living in the U.S. when you apply.
- You could not have had lawful status (like a visa or green card) on June 15, 2012.
- You must have no felonies, no serious misdemeanors, and no more than three minor misdemeanors.
- You must be in school, have graduated, earned a GED, or served in the military.
Meeting all these rules doesn’t automatically guarantee approval, but it does show USCIS that you’re eligible to be considered. From there, the next step is applying.
How Do I Apply for DACA in California?
Once you decide to move forward with a DACA application, the process itself is as simple as getting the right paperwork and completing the forms. But again, it’s not necessarily that straightforward–USCIS decides to grant applications on a case-by-case basis. Still, though, here’s how the process usually works in California:
- Starting out, you’ll need two main forms:
- Form I-821D (your DACA request)
- Form I-765 (your work permit)
- Once your forms are filled out, proof is key. You’ll need records that show you meet the requirements. This can include school transcripts, medical or travel records, military paperwork, or letters showing community involvement.
- You can file online through a USCIS account or mail everything in. Always keep copies of every form, document, and receipt.
- USCIS will schedule a time for you to provide fingerprints and verify your identity. Don’t skip it—it’s required.
- Sometimes USCIS asks for more evidence or clarification (a “Request for Evidence”). Responding quickly helps avoid delays.
Remember: approval is always up to USCIS. That said, making sure your forms are accurate and you have supporting documentation, it gives you the best chance at getting approved.
Maison Law Immigration Lawyers Can Guide You Through the DACA Application Process in California
You don’t have to hire a lawyer to apply for DACA, but having one by your side can make the process much smoother and less stressful. At Maison Law Immigration Lawyers, we step in to handle the details that can make or break an application. Our team can:
- Double-check that your forms are filled out correctly.
- Help you gather and organize the documents that prove your eligibility.
- Advise you on tricky issues, like past immigration problems or minor criminal matters.
- Give you peace of mind by making sure small mistakes don’t slow things down or cause delays.
Even if your case seems straightforward, we can often catch issues you might not realize are important. We’ll also be there to respond to any requests or questions from USCIS. The DACA program changes often, but with the right guidance, the process doesn’t have to feel overwhelming. Reach out today to set up a one-on-one consultation and let us help you.
