Visa Options for DACA Recipients

1. What visa options are available for DACA recipients?


Current DACA recipients are eligible to apply for the Deferred Action for Childhood Arrivals (DACA) program. This program provides temporary relief from deportation and work authorization. Additionally, DACA recipients may be eligible for certain types of visas, including: U Visa, T Visa, or VAWA Self-Petition. Depending on individual circumstances, DACA recipients may also be able to apply for other types of non-immigrant visas. This includes F-1 or M-1 student visas, J-1 exchange visitor visas, H-1B specialty occupations visas, O-1 extraordinary ability visas, and L-1 intracompany transferee visas.

2. How can DACA recipients apply for a visa?


DACA recipients can apply for a visa through the U.S. Department of State by submitting an I-130 petition for an immediate relative visa, or by applying for a family-based immigrant visa. DACA recipients may also be eligible for certain other visas, depending on their circumstances.

3. How long does the visa process take for DACA recipients?


The exact amount of time it takes to complete the DACA visa process depends on the individual case and the current wait times for USCIS processing. Currently, USCIS is taking an average of 3 to 6 months to process DACA applications. However, some cases can take up to one year or longer.

4. Are any fees associated with applying for a visa as a DACA recipient?


Yes, there are fees associated with applying for a visa as a DACA recipient. The visa application fee is currently $205, but may vary based on the specific visa type. Additionally, applicants may be required to pay biometrics fees and other processing fees for certain visas.

5. What documents are needed to apply for a visa as a DACA recipient?


A DACA recipient needs to submit the following documents with their visa application:

-Proof of DACA status
-Proof of identity (passport, birth certificate, etc.)
-Valid government-issued photo ID (driver’s license, state ID, etc.)
-Proof of financial support for the duration of the trip
-Proof of travel plans (flight/hotel reservations, itinerary, etc.)
-Letter of invitation from the host country or person sponsoring the trip (if applicable)

6. Can DACA recipients travel abroad on a visa?


Yes, DACA recipients can travel abroad on a visa, but are still subject to the same rules as other non-citizens. They must apply for a travel document from U.S. Citizenship and Immigration Services and be approved before leaving the U.S. and must present the document upon re-entry.

7. What is the difference between a tourist visa and a student visa for a DACA recipient?


A tourist visa is typically granted to someone who wishes to enter a country for a short period of time for leisure or business purposes. A student visa is typically granted to someone who wishes to enter a country for a longer period of time to study. For a DACA recipient, obtaining a tourist visa may be more difficult than obtaining a student visa, since many countries require proof of legal status or residence in order to issue the tourist visa.

8. Does having a DACA status increase the chances of getting a visa?


No, having a DACA status does not increase the chances of getting a visa. The DACA program does not provide legal status or a path to citizenship to the individuals who have it. Therefore, individuals with DACA status still have to meet all the requirements for a visa application in order to be eligible to obtain one.

9. How long can I stay in the US on a visa as a DACA recipient?


DACA recipients cannot directly obtain a visa to enter the U.S. However, they may be eligible to apply for other types of visas, such as a student or employment-based visa, that would allow them to remain in the U.S. for a specific period of time. Ultimately, the length of time a DACA recipient can stay in the U.S. on a visa will depend on the type of visa and the individual’s specific circumstances.

10. Are there special requirements for DACA recipients applying for visas?


Yes. DACA recipients who are applying for certain types of visas may need to submit additional documentation and meet certain requirements in order to be approved. For example, those applying for a family-based visa may need to demonstrate that they have qualifying relatives in the United States, while those applying for a nonimmigrant visa may need to demonstrate that their purpose of travel is allowed and that they have sufficient funds to cover their stay.

11. Is there an appeal process if my visa application is rejected as a DACA recipient?


Yes, there is an appeal process for DACA recipients if their visa application is rejected. DACA recipients can appeal the decision with the United States Citizenship and Immigration Services (USCIS).

12. Are there any restrictions on what type of activities I can do while on a visa as a DACA recipient?


Yes. DACA recipients are not eligible for any type of federal student aid, and they are not eligible to work for the federal government. Additionally, DACA recipients are not eligible for certain professional licenses. The regulations and restrictions may vary from state to state, so it is important to check with the local rules and regulations before engaging in any activity while on a visa.

13. Does having work authorization increase my chances of getting a visa as a DACA recipient?


Yes, having work authorization can increase your chances of getting a visa as a DACA recipient. DACA recipients are considered to have a valid work authorization that can be used as evidence for their visa applications. Additionally, many countries offer special visas for DACA recipients that allow them to work and travel within the country.

14. Are there any organizations that offer assistance to DACA recipients in applying for visas?


Yes, there are several organizations that offer assistance to DACA recipients in applying for visas. These include United We Dream, FWD.us, National Immigrant Law Center, National Immigration Law Center, Immigration Equality, and American Immigration Lawyers Association.

15. How long does it take to obtain permanent residency through a visa as a DACA recipient?


It can take up to two years for a DACA recipient to obtain permanent residency through a visa.

16. Can I change my status from DACA to another type of visa?


No. DACA does not provide a pathway to lawful permanent residence (a green card) or citizenship. However, you may be eligible to apply for a different type of visa or green card if you meet the eligibility requirements.

17. Are there any grants or scholarships available to DACA recipients applying for visas?


Yes, there are a number of grants and scholarships available to DACA recipients applying for visas. Examples include the Dream.US scholarship, the DACA Scholars Initiative, and the We the Dream Scholarship. For a comprehensive list of scholarships and grants available to DACA recipients, visit the National Immigration Law Center website.

18. Is it possible to extend my visa after it expires as a DACA recipient?


Yes, DACA recipients can sometimes extend their visas after their expiration dates. However, this is not an automatic process and applicants must submit a request to the U.S. Citizenship and Immigration Services.

19. Is it possible to obtain citizenship through the use of a visa as a DACA recipient?


No, it is not possible to obtain citizenship through the use of a visa as a DACA recipient. DACA (Deferred Action for Childhood Arrivals) is a program that provides temporary protection from deportation and work authorization to certain undocumented immigrants who arrived in the United States as children. It does not provide a pathway to citizenship.

20. What happens if my application for a visa is denied as a DACA recipient?


If your application for a visa is denied as a DACA recipient, you may have the option of appealing the decision. You may also be able to resubmit your application with additional information or documentation. It is important to consult with an experienced immigration attorney to assess your options and determine the best course of action.