How to Get Legal Status as a DACA Child

As a DACA (Deferred Action for Childhood Arrivals) child, you may be eligible for legal status in the United States. Here’s what you need to know about how to get legal status as a DACA child in the US.

  1. Explore eligibility for other forms of relief

Before applying for legal status as a DACA child, you should explore whether you may be eligible for other forms of relief, such as asylum, cancellation of removal, or a U visa. Consult with an immigration attorney to determine whether you may qualify for any other forms of relief.

  1. File for adjustment of status

If you entered the US lawfully, you may be able to apply for adjustment of status to obtain a green card. You will need to have a family member or employer sponsor you for a green card, and you must meet certain eligibility requirements. Talk to an immigration attorney to determine whether you may be eligible for adjustment of status.

  1. Apply for DACA renewal

If you already have DACA status, you should apply for renewal as soon as possible. Renewal of DACA status allows you to continue working and living in the US without fear of deportation. You should apply for renewal at least six months before your current DACA status expires.

  1. Apply for a work permit

If you have DACA status, you may be eligible for a work permit. You can apply for a work permit by submitting Form I-765, Application for Employment Authorization, to US Citizenship and Immigration Services (USCIS). Make sure to file the application at least 120 days before your current work permit expires.

  1. Consider seeking legal representation

Applying for legal status as a DACA child can be a complex and challenging process. You may want to consider seeking legal representation from an experienced immigration attorney. An attorney can help you navigate the application process, gather the necessary documentation, and provide guidance on your options for obtaining legal status.

In conclusion, there are several options available for DACA children to obtain legal status in the US. It is important to explore all of your options and seek legal guidance to determine the best path forward. With the right support and guidance, you can take steps towards obtaining legal status and building a secure future in the US.

Can a DACA Person Leave the U.S.?

A DACA (Deferred Action for Childhood Arrivals) recipient can leave the US, but they must obtain permission to re-enter the country. DACA status does not provide a path to citizenship or legal permanent residency, but it does provide temporary protection from deportation and allows for work authorization.

If a DACA recipient leaves the US without permission to re-enter, they may lose their DACA status and become ineligible for future DACA renewals. In addition, leaving the US without permission to re-enter may trigger a bar to re-entry, which can make it difficult to obtain legal status in the future.

To leave the US as a DACA recipient and obtain permission to re-enter, you must apply for Advance Parole. Advance Parole is a travel document that allows DACA recipients to leave the US and return without losing their DACA status. To be eligible for Advance Parole, you must demonstrate that your travel is for educational, employment, or humanitarian purposes.

It is important to note that even with Advance Parole, there is still a risk that a DACA recipient may be denied re-entry into the US. Therefore, DACA recipients should consult with an experienced immigration attorney before traveling outside of the US.