DACA – Restored and Strengthened


On December 7, 2020, a United States District Court restored the Deferred Action for Childhood Arrivals program (DACA) to its original form. This decision came after years of challenges from the Trump administration and allowed U.S. Citizenship and Immigration Services (USCIS) to accept first-time DACA requests for the first time since September 5, 2017.

In light of the Trump administration’s attacks on DACA, the newly inaugurated President Biden issued a memorandum called Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA). In the memo to the Attorney General and the Secretary of Homeland Security, Biden instructs Secretary Alejandro Mayorkas to “take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.”

Calling All Dreamers

You may be wondering what court orders and presidential actions mean for you and your future in the United States. All those who are eligible for deferred action and work authorization under DACA may request first-time consideration or renewal. USCIS is also accepting applications for advance parole (international travel) documents.

Additionally, all Dreamers who have received one-year deferred action grants and work authorization documents will have their grants and documents automatically extended to two (2) years.

Remember, DACA does not provide lawful status, but it can help you live and work in the United States while you pursue citizenship.

DACA Eligibility

Dreamers are undocumented immigrants who were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military.

You are eligible for DACA if you came to the United States before reaching your 16th birthday, were under the age of 31 on June 15, 2012, and have continuously resided in the United States from June 15, 2007, up to the present.

To request deferred action and work authorization, you must be physically present in the United States and have a certificate of completion from high school, a general education development (GED) certificate, or honorable discharge from the Coast Guard or Armed Forces of the United States.

You may also apply if you are currently enrolled in school, but you may NOT apply if you have been convicted of a felony, a significant misdemeanor, or 3 or more other misdemeanors.

You must be at least 15 years old to submit a request and adhere to the filing process carefully. As part of the DACA process, you must undergo biographic and biometric background checks, fill out forms, and pay a fee.

Legal Help

Before you submit your DACA paperwork, you should always ask an experienced immigration attorney to double-check your filing. This applies whether you are filing for the first time or requesting a renewal.

If you’re renewing your deferred action and work authorization documents, and you have been charged with a crime since your initial application, you MUST file through an attorney.

At Fayad Law, P.C., our attorneys have first-hand knowledge of what it means to be an immigrant and more than 20 years of collective experience on their side.

We can help you achieve your American Dream.

All you need to do is call us at (703) 998-5390 or request a consultation online.

Fayad Law, P.C.
8315 Lee Highway Suite 620,
Fairfax, VA 22031