Texas—Although the Deferred Action for Childhood Arrivals (DACA) program has been on shaky ground over the last few years, those looking to apply for the program or submit a renewal should know that the program is currently in full effect. This means U.S. Citizenship and Immigration Services (USCIS) is accepting new applications along with renewal applications. The decision to accept new and renewal DACA applications took effect on December 7, 2020, after an order was issued by United States District Judge Nicholas G. Garaufis.

 

How does an individual apply for DACA for the first time if they live in Texas?

 

If an individual meets all of USCIS’s eligibility requirements, they can apply for DACA by submitting Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This form should be filled out carefully and only contain accurate information. Errors on the application or the inclusion of false information will likely result in USCIS denying the application.

In addition to submitting Form I-821D, individuals are also required to submit Form I-765, Application for Employment Authorization, and a Form I-765WS, Worksheet. If approved, this application will allow the individual to work while they are being granted deferred action.

Tip: Individuals who are looking to apply for DACA or submit a renewal request can retain a Texas immigration lawyer to help them fill out the forms and get them submitted to the appropriate field office. Although an individual can certainly file their forms on their own, they should be aware that USCIS approves applications on a case-by-case basis. Because immigration attorneys know what USCIS is looking for to get the application approved, they stand a better chance at being granted deferred action when they retain a lawyer to assist them with the application process.

 

Do DACA recipients hold lawful status?

 

If an individual’s DACA application is approved, while they aren’t exactly considered to be unlawfully present in the U.S. as they have been authorized to stay in the country, the government does not recognize them as having lawful status.

 

What if USCIS denies a person’s DACA application?

 

If an individual has received a denial notice regarding their DACA application, they are encouraged to contact the Law Office of J. Joseph Cohen to find out what their options are. A Texas immigration attorney will be able to determine why their application was denied, if they should submit a new application, etc.

 

Connect with a Texas Immigration Attorney Now

 

If an individual has questions pertaining to DACA paperwork, needs help applying, or has been denied deferred action, the Law Office of J. Joseph Cohen is available to help and can be reached at 210-503-2800.

 

The Law Office of J. Joseph Cohen can be reached at:

 

310 South St. Mary’s Street, Suite 2100

San Antonio, Texas 78205

Phone: 210-503-2800

Website: www.jjosephcohen.com

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