Undocumented Students vs. DACA Students

Though all DACA students fit under the category of "undocumented", not all undocumented students qualify for DACA. DACA stands for Deferred Action for Childhood Arrivals, and refers specifically to a group of young people who immigrated to the United States undocumented as children. Though DACA does not offer official legal status in the United States or a pathway to citizenship, DACA does allow young people to apply for a social security number, work permit, and driver's license. 

According to the Center for American Progress, 1.8 million people are eligible for DACA. Only around 800,000 people are enrolled as of March 2020. 

DACA Eligibility 

To be eligible for DACA, you must meet the following: 

• entered the United States undocumented prior to your 16th birthday

• have lived continuously in the United States since June 15, 2007

• was under the age of 31 on June 15, 2012 (born on June 16, 1981 or after)

• was physically present in the United States on June 15, 2012

• was physically present in the United States when making a request for deferred action to the United States Citizenship and Immigration Services (USCIS)

• had no lawful status on June 15, 2012

• have completed high school or GED, have been honorably discharged from the armed forces, OR are enrolled in school 

• have not been convicted of a felony or serious misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security/public safety 

DACA First-Time Application Process

If you are an undocumented student, meet the above requirements, and have not ever applied for DACA, the steps to apply to DACA for the first time are as follows: 

1. complete Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and Form I-765 (Application for Employment Authorization Document)

2. mail USCIS the two completed forms and related fees (around $500 including biometrics)

3. schedule and attend a biometrics appointment at a USCIS Application Support Center 

• at this appointment, USCIS will record your fingerprints and take a photo to run through the FBI database to check for potential criminal records

• you must bring a photo ID (ex. passport, driver's license), notice of scheduled appointment, any other notices you have received from USCIS, any other documents that USCIS requested you bring to your appointment (ex. previous employment authorization documents, travel permits, etc.

Relevant DACA Supporting Documents: 

• Proof of identity:  passport, birth certificate, state-issued photo ID, military ID, or school ID

• Proof you came to the United States before age 16: copy of passport with a stamp, Form I-94, any INS documents with date of entry, travel records, school records, hospital or medical records, and official religious ceremony documents

• Proof of established residence prior to age 16, if you left the U.S. and returned later: school records, employment records, tax returns, bank letters, or verification of employment

• Proof of residency since June 2007: payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies

• Documents to prove any absences from the U.S. since 2007 were brief, casual, and innocent: plane tickets, passport entries, hotel receipts, evidence of travel intent

• Proof of presence in the U.S. on June 15, 2012: rent payment receipts, utility bills, employment records, tax returns, school records, medical records, money orders for money sent in and out, birth certificates of children born in the U.S, dated bank transactions, car receipts/title/registration, and/or insurance policies

• Proof of no lawful status on June 15, 2012: Form I-94 with an expiration date, a final order of removal or deportation as of June 15, 2012, or Department of Homeland Security (DHS) document about removal proceedings

• Proof of current education, graduation, G.E.D., or military service: current enrollment in elementary, middle, high school, or home school; education or literacy program, GED program, college/university/community college, diplomas, transcripts showing graduation date, and/or dates of enrollment

• Proof of honorably discharged veteran status: Form DD-214, NGB Form 22, military personnel records, or health records

• Proof of removal proceedings: copy of the removal order, any document issued by the immigration judge, or the final decision of the Board of Immigration Appeals (BIA)

• Proof of Criminal history: an official statement from arresting agency that no charges were filed, or if charged/convicted, an original or court-certified copy of the complete arrest record and disposition for each incident; an original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction

DACA Renewal Process

The USCIS states that it aims to process DACA renewal requests in about 120 days. This means that if you are applying for DACA renewal, you should send in your renewal application at minimum 120 days before the expiration of your DACA status. You are qualified to renew your status if you 1) did not depart the United States on or after August 15, 2012, without a valid travel document, 2) resided in the United States since you submitted your most recent DACA request that was approved, and 3) have not been convicted of a felony, a serious misdemeanor, three or more misdemeanors, and do not otherwise pose a threat to national security/public safety. 

To renew your DACA status, complete Form I-821D and Form I-765. Ensure you always use the most up-to-date versions of the documents, or else your forms will not be processed. Complete, sign, and send forms to the USCIS (or file online) with the correct fees according to the instructions on the forms. Do not submit any additional documents with your application unless you have new documents for a removal proceeding or criminal history that you did not already submit to USCIS in a previously approved DACA request. 

**If you require financial support regarding any of the application processes above, please contact mbeltguz@colby.edu for assistance.**

External Resources

Outside of Colby, various resources exist for undocumented immigrants and their families for a variety of support. Below are a few resources and their services. 

• Beyond DACA: This document goes over various different options available for undocumented people for long-term immigration options and categories. This document is not intended as legal advice but as an informational resource. 

• Center for Migration Studies Resource Hub: The Center for Migration Studies (CMS) is "a think tank and an educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers". The Resource Hub is a list of organizations that offers a range of services and information from policy analyses to research on undocumented communities to immigration legal assistance. 

• Immigrant Legal Resource Center: This organization works to improve immigration law and policy and advance immigrant rights, as well as working with attorneys, paralegals, and community-based advocates to improve the quality of support that they can provide. Their areas of expertise range from asylum to detention to removal defense, where they offer information and resources on their website. They also offer ILRC Red Cards, which are printed statements meant to help immigrants and citizens assert their rights in various situations. Red Cards are available for order or print in English, Arabic, Chinese, French, Hmong, Korean, Punjabi, Russian, Spanish, Tagalog, Tigrinya, Ukrainian, and Vietnamese. 

• Immigrants Rising Legal Intake Service: Immigrants Rising Legal Intake Service is "an online survey to help undocumented young people learn about possible immigration options." It is a free, anonymous, and confidential service. 

• Immi: This website is built to inform undocumented immigrants to understand their rights and options regarding paths to documented immigration status, legal help, and making plans for their futures.  

• Informed Immigrant / Inmigrante Informado: This website provides up-to-date information on the ever-changing landscape of immigration law and policy in the United States. The website was compiled after the 2016 election by immigration rights activists, lawyers, service providers, and technologists. Their Resource Library covers Immigration Help, Health, Life in the US, and Education. 

• National Immigrant Justice Center: This organization provides legal consultations and representation for low-income immigrants seeking legal relief. They help everyone from those wishing to apply for DACA to victims of international human trafficking. 

• United We Dream: This organization is the largest network of immigrant youth in the country, and work towards aiding immigrant youth in access to legal status and higher education, and has played a large role in immigration law and policy reform in the United States. They have a Resource Library, as well as programs such as Deportation Defense, Immigrant Made, and Undocuhealth. 

Questions?