How to Apply for Deferred Action in California

How to Apply for Deferred Action in California

Deferred Action for Childhood Arrivals (DACA) allows certain individuals who came to the United States as children to apply for a temporary period of deferred deportation. If you are looking to apply for deferred action in California, follow these steps to ensure a smooth application process.

Eligibility Requirements

Before applying for deferred action, it’s essential to determine if you meet the eligibility criteria. In California, applicants typically must be:

  • Under the age of 31 as of June 15, 2012
  • Brought to the U.S. before turning 16
  • Continuously residing in the U.S. since June 15, 2007
  • Currently in school, have graduated, or are honorably discharged from military service
  • Not convicted of certain crimes or otherwise a risk to national security

Gather Required Documents

Once you determine your eligibility, the next step is to gather all required documents. Commonly needed documents include:

  • Proof of identity (birth certificate, passport)
  • Documents showing continuous residence (school records, medical records, tax returns)
  • Proof of your DACA eligibility criteria (diplomas, enrollment records)
  • Identification from your home country

Complete the Application Form

The primary application form for DACA is Form I-821D. You will also need to fill out Form I-765 for work authorization. Ensure all information is accurate and matches your supporting documents.

It's advisable to review the forms carefully, as any mistakes or omissions can delay your application or lead to denial.

Pay the Fees

As of October 2023, the application fee for DACA is $495. This fee covers the cost of both the I-821D and I-765 forms. Payment can be made via check or money order payable to the U.S. Department of Homeland Security (DHS). Some applicants may qualify for a fee waiver, so inquire about this if needed.

Submit Your Application

Once all forms are completed and fees are paid, submit your application to the appropriate address provided in the instructions for Form I-821D. Keep copies of everything you submit for your records.

Biometrics Appointment

After submitting your application, you will receive a notice for a biometrics appointment. During this appointment, your fingerprints and photographs will be taken. This is a standard process for background checks conducted by the DHS.

Wait for Decision

After the biometrics appointment, the next step is to wait for a decision on your application. Processing times can vary, but you should receive a notification regarding your application status. Check your status online using your receipt number.

Renewing Your DACA Status

DACA is not permanent; it requires renewal every two years. To renew your status, you will need to fill out a renewal application and follow similar steps as the initial application. Begin the renewal process at least 150 days before your current DACA expires to avoid any gaps.

Seek Legal Assistance if Necessary

If you encounter issues during your application process, consider seeking legal assistance. Many organizations in California offer free or low-cost legal help to those applying for deferred action.

Applying for deferred action can be a detailed process, but by following these steps and ensuring you meet all requirements, you increase your chances of a successful application. Remember, staying informed and organized is key to navigating the application successfully.

For more information, refer to the U.S. Citizenship and Immigration Services (USCIS) website or contact a local immigration assistance organization.