When President Obama implemented DACA in 2012, it provided young immigrants with hope for legal work opportunities in the U.S. Initially, some hesitated to apply due to fears of deportation. Thankfully, those fears largely did not materialize for most DACA applicants. In this guide, we explain the key considerations before applying fir DACA in the U.S.
An Overview
The Trump Administration sought to terminate DACA and took a hard stance on some recipients. In contrast, the Biden Administration has reaffirmed support for DACA, allowing renewals and new applications while working with Congress to pursue a permanent solution for undocumented immigrants.
If you’re considering applying for DACA for the first time, it’s crucial to assess your personal, immigration, and criminal history before submitting your information.
Important: On July 16, 2021, a Texas judge ruled DACA illegal. While this ruling does not impact current DACA holders or renewals, it has paused all new applications, including those already submitted to USCIS. Unfortunately, fees for these pending applications are non-refundable.
Limited Long-Term Benefits
Congress has been discussing immigration reform for years, including the DREAM Act, which would give conditional permanent residence to eligible young immigrants. Because Congress didn’t pass this, President Obama introduced DACA as a temporary solution. DACA offers a three-year reprieve from deportation (renewable) and a work permit but does not provide a path to permanent U.S. residency.
DACA could be ended by a future president or replaced by more restrictive laws from Congress. If DACA ends, there’s no guarantee that the information you gave to USCIS won’t be used for deportation later.
Sharing Personal Information for Applying for DACA
USCIS has said it won’t share DACA applicants’ information with Immigration and Customs Enforcement unless there are national security, fraud, or public safety issues.
However, immigrants with certain criminal records, including some misdemeanors, juvenile offenses, or expunged convictions, might not be eligible and could risk deportation if they apply. Also, if you list family members without legal status on your application, their information might be shared with other government agencies if they are seen as a security or safety threat.
Clearing Up Misconceptions for Applying for DACA
It does not provide amnesty or legal forgiveness for past immigration violations, nor does it grant permanent residency. Furthermore, Applicants might still be inadmissible for a green card (permanent residency) in the future for reasons
Traveling Under DACA: Limited Freedom
Its recipients can’t freely travel in and out of the U.S. but can apply for “Advance Parole,” a travel document for humanitarian, work, or educational reasons.
Even with Advance Parole, U.S. Customs and Border Protection (CBP) can deny reentry. There’s no guarantee that you won’t face issues at the border based on past immigration offenses or criminal history.
State-by-State Differences for Applying for DACA
DACA benefits vary by state. While most states allow DACA recipients with a work permit to get a driver’s license, some states don’t.
College tuition policies also vary, with some states offering in-state tuition to DACA recipients while others do not.
Main challenges in the DACA application process
The DACA application process presents several significant challenges for applicants, which can affect their ability to successfully obtain or renew their status. Here are the main challenges identified:
1. Legal Uncertainty
The ongoing legal battles surrounding DACA create a climate of uncertainty for applicants. Changes in administration policies and court rulings can impact the program’s availability, leaving applicants anxious about their future and the continuity of their protections.
2. Complex Renewal Process
Renewing DACA status involves navigating a complicated process that can be hindered by delays and confusion within the U.S. Citizenship and Immigration Services (USCIS). Many applicants face difficulties in understanding the renewal requirements, which can lead to missed deadlines and potential loss of status.
3. Financial Barriers
The application fee, currently set at $495, can be a significant burden for many applicants. Additionally, DACA recipients are ineligible for federal financial aid, making it challenging to afford higher education and limiting access to resources that could help them succeed academically and professionally.
4. Limited Employment Opportunities
While DACA provides work authorization, many recipients still encounter barriers in the job market. Employers may be hesitant to hire individuals with uncertain immigration status, and the requirement to renew DACA every two years adds instability to their employment prospects.
5. Ineligibility for Government Benefits
DACA recipients do not qualify for most federal benefits, including healthcare programs like Medicaid and SNAP. This lack of access places additional financial strains on recipients, who may struggle to cover basic living expenses and healthcare needs.
6. Impact of Criminal Records
Individuals with certain criminal convictions may be disqualified from obtaining or renewing DACA status. This includes felony convictions and multiple misdemeanors, which complicate the application process for those with any legal issues in their past.
7. Mental Health Challenges
The stress associated with living under DACA’s temporary protections can take a toll on mental health. The fear of deportation and family separation contributes to anxiety and depression among recipients, highlighting the need for mental health support.
Overall, these challenges underscore the complexities faced by DACA applicants as they navigate a system fraught with legal, financial, and emotional hurdles.
In conclusion, if you’re unsure about your immigration history or the potential consequences of sharing information, it’s best to consult with an experienced immigration attorney before applying for DACA. An attorney can help you understand your specific situation and make an informed decision.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an F2A Visa or a 0-1Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
