Deferred Action for Childhood Arrivals (DACA): How Congruence Law, P.C. Helps Eligible Youth Access Protection and Opportunity

For many undocumented individuals brought to the United States as children, Deferred Action for Childhood Arrivals (DACA) offers a vital measure of stability, protection, and hope. While it does not provide permanent legal status, DACA allows eligible youth to live and work in the U.S. without fear of immediate removal. At Congruence Law, P.C., we help individuals understand their eligibility, file for protection, and maintain lawful presence under this limited but essential policy.

DACA was established by executive action in 2012 to protect certain undocumented individuals who came to the U.S. before age 16 and meet educational, residency, and moral character requirements. Recipients of DACA are granted deferred action—a commitment by the government not to pursue removal for a set period of time—and are eligible for a work permit and, in some states, driver’s licenses and in-state tuition.

To qualify for DACA under current policy, applicants must:

• Have arrived in the United States before age 16;

• Have continuously resided in the U.S. since June 15, 2007;

• Have been physically present in the U.S. on June 15, 2012;

• Have no lawful status as of June 15, 2012;

• Be at least 15 years old at the time of application (or younger if in removal proceedings);

• Be currently enrolled in school, have graduated or obtained a GED, or be an honorably discharged veteran;

• Have no felony convictions, significant misdemeanors, or multiple minor offenses;

• Pose no threat to national security or public safety.

At Congruence Law, P.C., we assist eligible clients in completing Form I-821D (Consideration of Deferred Action), Form I-765 (Application for Employment Authorization), and the required worksheet (Form I-765WS). We work closely with each applicant to verify eligibility, compile evidence of continuous residence, school attendance or graduation, and criminal history (if any), and ensure that all documentation is organized and clearly presented to USCIS.

We also provide guidance on DACA renewals, which must be submitted every two years and are subject to strict timing and completeness requirements. Renewal applicants must continue to meet the original criteria and not have disqualifying criminal or immigration violations during the deferred action period.

Although DACA has faced extensive legal and political challenges, including litigation affecting new applications and long-term viability, it remains in effect for renewals and select categories of protection. We help clients stay informed about policy updates, court rulings, and eligibility changes that may affect their status or their ability to file.

Common pitfalls in DACA applications include:

• Failure to provide sufficient evidence of continuous presence;

• Missed deadlines for renewals;

• Misunderstanding the impact of minor criminal charges or juvenile offenses;

• Incomplete or inconsistent school documentation;

• Confusion about eligibility after travel abroad or interaction with law enforcement.

We help clients address these issues through strategic evidence gathering, legal screening, and careful review of all supporting materials. For clients facing barriers to renewal—such as changes in school enrollment or arrest history—we provide tailored legal advice and explore additional forms of relief, including Special Immigrant Juvenile Status (SIJS), asylum, or adjustment of status through family petitions where applicable.

At Congruence Law, P.C., we believe that DACA recipients deserve dignity, protection, and opportunity. We work to ensure that each eligible client can apply or renew confidently and with full knowledge of their rights and responsibilities.

If you are a current or potential DACA recipient seeking to renew or determine eligibility, contact us at immigration@congruence.com. We are here to support you in protecting your future and staying on the path to opportunity in the only country many have ever called home.