What Is DACA
Deferred Action for Childhood Arrivals (DACA) is a prosecutorial discretion policy that allows certain undocumented immigrants who arrived in the United States before June 15, 2007, to request a stay of removal and obtain work authorization. Established by executive action in June 2012, DACA provides temporary relief but does not create a pathway to lawful permanent resident status or citizenship on its own.
Eligibility Requirements
To qualify for DACA, you must meet specific criteria set by U.S. Citizenship and Immigration Services (USCIS):
- Arrived in the U.S. before June 15, 2007
- Were under age 31 as of June 15, 2012
- Have continuously resided in the U.S. since June 15, 2007
- Were physically present in the U.S. on June 15, 2012, and at the time of filing your DACA request
- Have no felony conviction, significant misdemeanor conviction, or present a threat to public safety or national security
- Are currently in school, have graduated or obtained a high school diploma, or are an honorably discharged military veteran
DACA grants are issued for two-year periods, requiring renewal through Form I-765 submission and a $130 filing fee (or $85 if you qualify for a fee reduction). USCIS currently processes renewals and new applications for those meeting the criteria above.
DACA and Work Authorization
The primary benefit of DACA approval is an Employment Authorization Document (EAD), specifically a Form I-765 with category code (c)(33). This EAD allows you to work legally in the United States and obtain a valid Social Security Number. However, this work authorization is tied exclusively to your DACA status. If your DACA approval expires or is terminated, your work authorization ends immediately.
DACA does not provide travel authorization outside the U.S. Obtaining advance parole for travel requires a separate application (Form I-131) and does not guarantee approval. Many DACA recipients have been unable to visit family abroad without risking their status.
DACA Versus Other Immigration Options
DACA is distinct from other forms of relief. Unlike Deferred Action (which is case-by-case relief), DACA is a categorical program with preset criteria. Unlike asylum or Special Immigrant Juvenile Status (SIJS), DACA does not lead directly to permanent residence. If you have other eligible visa categories (family-sponsored, employment-based, or diversity visa), you may want to explore those alongside or instead of DACA. A qualified immigration attorney can assess whether you qualify for adjustment of status through a family petition or employment sponsorship, which would give you a green card pathway that DACA does not.
DACA and Future Immigration Benefits
DACA status itself does not create a priority date or advance you in the green card queue. However, if a family member petitions for you after DACA expires, you may be able to file for adjustment of status if you otherwise qualify. Having DACA provides a period during which you can work legally and establish tax records, which can support future immigration applications. Keep detailed documentation of your employment, tax filings, and residence during your DACA period.
Common Questions
- Does DACA lead to a green card? No. DACA provides temporary work authorization and protection from removal only. There is no automatic pathway from DACA to permanent residency. You would need a separate basis for adjustment of status, such as a family petition or employment sponsorship.
- What happens to my EAD when DACA expires? Your work authorization terminates when DACA approval expires. You must file a renewal application (Form I-765) before expiration if you wish to continue working. If your renewal is denied or DACA is rescinded, you lose legal work status immediately.
- Can I travel internationally with DACA? DACA alone does not permit international travel. You must apply separately for advance parole (Form I-131, category A-13) to travel outside the U.S. Approval is discretionary and not guaranteed. Without advance parole approval, leaving the U.S. may trigger removal proceedings.