Immigrants & Immigration

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the US as children may request deferred action for 2 years.

DACA stands for Deferred Action for Childhood Arrivals. Deferred action gives protection from deportation. It also gives employment authorization to certain undocumented people. DACA does not provide a pathway to citizenship. DACA only allows eligible undocumented immigrants who came to the US as children to stay.

To qualify for DACA, a person must have:

• Been under 31 years old as of June 15, 2012 (their birthday is on or after June 16, 1981),
• Come to the US before their 16th birthday,
• Lived continuously in the US (which means you did not leave the US) from June 15, 2007 to the time you file for DACA,
• Been physically present in the US on June 15, 2012, and at the time they apply,
• Had no lawful immigration status on June 15, 2012, and at the time they applied for DACA,
• Graduated from high school, earned a GED, or are currently studying to do so, or you must have been honorably discharged from the armed services of the US, and 

A person must not have been convicted of a felony, certain significant misdemeanors, or three or more other non-significant misdemeanors. They must not be a threat to national or public safety.

The below crimes are considered significant misdemeanors:

• Domestic violence ,
• Sexual abuse or exploitation,
• Burglary ,
• Unlawful possession or use of a firearm,
• Drug distribution or trafficking, or
• Driving under the influence .

If a person was sentenced to be in custody more than 90 days, the crime is also considered a significant misdemeanor. The sentence must involve time to be in custody, and does not include a suspended sentence.

National security or public safety threats include:

• Gang membership,
• Participation in criminal activities, or
• Participation in activities that threaten the United States.

Having no lawful immigration status on June 15, 2012, and at the time a person for DACA means:

• They never had lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you had expired as of June 15, 2012, and
• Any lawful status that they had after June 15, 2012, expired, or terminated before you submitted your request for DACA.

Learn more on the Department of Homeland Security Deferred Action for Childhood Arrivals website. 

Current DACA holders can renew their deferred status and employment authorization (EAD or work permit). DACA holders are encouraged to renew 120 to 150 days before their work permit expires. 

People who have never had DACA can file initial applications for DACA, but US Citizenship and Immigration Services (USCIS) will not process or approve new applications. 

There may be some benefit in applying for the first time, but it’s also important to consider the risks. If the courts decide that DACA may continue, USCIS can process a pending application. People with pending DACA applications may benefit from future litigation or changes in the law. There is no guarantee that will happen.

For people who have never applied for any immigration relief, they are giving their personal information to the government, including their address. By applying for DACA, they are also telling the government they do not have immigration status in the US. This can expose the applicant to immigration enforcement, a risk all people without lawful status face. Those considering whether to apply for the first time will want to understand the risk they are taking when applying.

USCIS is not processing a DACA application if it expired over a year ago. USCIS will treat it as an initial application. If you file outside of the one-year filing deadline to renew, USCIS will not process your application. You can file an application, but it will not be processed.

Yes. If someone’s DACA status expires while waiting for their renewal to be granted, they will accrue unlawful presence during that time. Any days where they do not have DACA or another lawful immigration status, will count toward future immigration penalties. It's important to request renewal in advance so there are no gaps in lawful presence.

Advance parole allows a DACA recipient to travel outside the US and return to the US. USCIS will grant advance parole if the travel is for:

• Humanitarian purposes (including medical treatment, attending funerals, or visiting sick relatives),
• Educational purposes, or
• Employment purposes.

Vacations are not a basis for advance parole.

After their trip, US Customs and Border Protection (CBP) officers may deny re-entry to the US, even with advance parole. There is no guarantee that CBP officers will allow a DACA recipient with advanced parole back in the US. They may also be required to pay an additional $1,000 fee to CBP when they return from their trip. This is separate from the advanced parole filing fees. Being denied re-entry is uncommon. However, it is still a risk.

The Illinois Dream Act helps Illinois students pay for college. It does not protect them from deportation if they are undocumented.

Undocumented immigrant students with or without Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) can also apply for college scholarships through The Dream.US National Scholarship program. Learn more about scholarship resources for college students.

If someone is in detention and thinks they might be eligible for DACA, it’s important for them to tell their case officer in detention. The case officer will review the person’s case with the Office of the Principal Legal Advisor. If they meet the DACA requirements, they may be released on supervision to pursue their case with USCIS.

Complete and sign the following forms: 

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals,
• Form I-765, Application for Employment Authorization, and
• Form I-765WS, Worksheet.

There are limited exemptions to the filing fee. 

Applicants must submit 2 passport -style photos with their application.

They may also complete the Form G-1145, E-Notification of Application/Petition Acceptance to get email or text messages that your form is accepted. 

The filing address depends on where you live and what mail carrier you use. Illinois residents will have to file their applications, filing fee, and supporting documents to the following addresses. 

If using the US Postal Service (USPS) for mailing, the address is:

USCIS
Attn: DACA
P.O. Box 5757
Chicago, IL 60680-5757

If you using FedEx, UPS, or DHL:

USCIS
Attn: DACA (Box 5757)
131 S. Dearborn – 3rd Floor
Chicago, IL 60603-5517

Find direct filing addresses on the USCIS website.