Deferred Action Requests (DAR) & Deferred Action for Childhood Arrivals (DACA)

The first step to applying for a Deferred Action Request (DAR) is to file Form I-821D.

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Deferred Action Requests (DAR) and Deferred Action for Childhood Arrivals (DACA) are discretionary measures that temporarily postpone deportation proceedings against individuals without lawful status in the U.S.

These requests, typically submitted to U.S. Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services (USCIS), grant individuals a reprieve from removal and may also provide eligibility for work authorization. The application process involves submitting a formal request to the appropriate agency for review.

On June 15, 2012, The Secretary of Homeland Security announced an executive order allowing specific individuals who came to the U.S. as children and meet other specific criteria to request Deferred Action for Childhood Arrivals status (DACA). If granted, the status is generally valid for a two-year period with an existing option to extend/renew the status at the time of expiry. The individual can also request work authorization if the DACA application is granted. DACA is a temporary relief authorized by executive order through prosecutorial discretion. It has gone through several stages of litigation overturning, enjoining, and reinstating the relief on multiple occasions. DACA remains available as of October 14, 2022, but DHS is prohibited from granting initial DACA requests and accompanying work authorization for applications filed beyond that date.

APPLICATION PROCESS

01 Complete Form I-821D

Eligible individuals complete the necessary forms, such as Form I-821D for Deferred Action for Childhood Arrivals (DACA), and submit them to the designated agency, such as USCIS for DACA or ICE for other DAR.

02 Supporting Documentation

Applicants provide supporting documentation, such as proof of identity, evidence of continuous residence, and any other required materials to establish eligibility for the appropriate deferred action requested.

03 Eligibility and Deferred Action Status

The agency reviews the request and supporting documentation, assessing the applicant’s eligibility and discretionarily determining whether to grant deferred action status and accompanying benefits.

TYPICAL TIMELINE

Request Timelines

The processing time for DAR can vary depending on factors such as the agency’s workload, the case’s complexity, and any additional review or requests for evidence.

Notification of Receipt of Request

Applicants may receive notification of receipt of their request within a few weeks to a few months after submission.

Protection from Deportation

Once approved, individuals receive temporary protection from deportation. They may be eligible for work authorization, typically valid for a specified period, allowing them to remain in the U.S. and potentially pursue other immigration processes if eligible.

Consult with an expert immigration lawyer to ensure successful approval.

Working with immigration and employment experts can open doors for additional opportunities. Our team’s extensive expertise allows us to combine legal and creative strategies to ensure successful immigration.

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Additional Resources

• U.S. Citizenship and Immigration Services (USCIS)
  USCIS DACA Information