Can I Get a Work Permit with DACA?

Yes. A DACA recipient is eligible for work authorization. You must show that you have an “economic necessity.” The “work permit” is valid for a period of 2 years, subject to renewal at the time you renew your DACA application.

Are DACA Recipients in Lawful Status After the DACA Application is Approved?

No. “Deferred action” is not the same as lawful status. It means that the you will be protected from deportation because the Department of Homeland Security will exercise prosecutorial discretion when dealing with immigrants who have DACA. Deferred action allows the U.S. government to focus its enforcement resources on removing individuals who pose a danger to national security or a risk to public safety. DACA recipients are “low priority” for the purpose of enforcing immigration laws.

An applicant whose DACA is granted is authorized to stay for the approval period and will not accrue unlawful presence while DACA is in effect. But any previous or subsequent accumulation of unlawful presence is not forgiven.

Can I Renew My DACA and Work Permit?

Yes. You may submit your DACA renewal request as early as 150 days before the date of expiration listed on your DACA approval notice and your Employment Authorization Document (work permit).

To be eligible for renewal, you must:

  • Not have departed the United States on or after August 15, 2012, without advance parole (prior approval);
  • Have continuously resided in the U.S. since you submitted your most recent request for DACA that was approved; and
  • Not have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not pose a threat to U.S. national security or public safety.

While I Have DACA, Can I Travel?

A DACA recipient is eligible for advance parole, which allows him/her to travel internationally. There are risks associated with international travel and the situation should be fully evaluated with an immigration attorney before you take a trip.

Will the Information that I Provide in My DACA Application be Used To Deport Me?

Information provided to USCIS in a DACA application is to be protected from disclosure to Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) for the purpose of immigration enforcement proceedings, unless the applicant poses a threat to national security or public safety. Individuals whose DACA applications are approved should not be referred to ICE.

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