DACA Application Requirements in Texas: A Comprehensive Guide
The rules surrounding DACA can be complex, especially for those living in Texas. At Wogwu Law, PLLC, I am committed to supporting individuals who came to the United States as children.
This article explains the key DACA requirements and how Texas laws may affect your options. Please remember, this is general information and not legal advice. For personal guidance, consult a licensed attorney.
What is DACA?
DACA stands for Deferred Action for Childhood Arrivals, a policy introduced in 2012 that can postpone removal proceedings for young immigrants who meet certain qualifications.
This arrangement does not mean you have a lawful immigration status or a permanent route to citizenship. Instead, it offers a period of relief from removal and eligibility for a work permit under specific conditions.
Over the years, DACA has faced multiple legal challenges, many of which originated in Texas. Right now, the government will accept renewal submissions, but new requests are on hold. These legal decisions could change in the future, so it’s wise to stay informed and file renewals promptly if you already have DACA.
DACA Eligibility Requirements
You must fulfill several guidelines to submit a valid DACA request. These criteria relate to your age, continuous presence in the country, education, military history, and your criminal background. Let’s break them down step by step.
Age and Entry Requirements
Applicants need to have been under 31 years old on June 15, 2012. This means your birthday should fall on or after June 16, 1981. Additionally, you must have arrived in the United States before your 16th birthday. For many people, showing school enrollment or medical records helps prove early entry.
Residency and Physical Presence
To qualify, you have to prove continuous residence in the United States since June 15, 2007, right up to the present. Sporadic departures might be okay if they were brief and met certain standards, but an order of removal could break continuous residence. You also have to show that you were physically here on June 15, 2012, and on the day you submit your request.
Immigration Status
When you file for DACA, you must not have maintained lawful immigration status on June 15, 2012, and you also must have had no valid status at the time of filing. If any temporary or parole status ended prior to June 15, 2012, that gap could confirm eligibility.
Education or Military Service
Apart from being in the United States for the required period, you have to be enrolled in school, have graduated or earned a completion certificate, or hold a GED. If you’re a veteran of the U.S. Coast Guard or armed forces, that can also satisfy this requirement. Records like diplomas, transcripts, or discharge papers will be essential.
Criminal History and Public Safety
Those convicted of a felony or certain misdemeanors cannot apply for DACA under current guidelines. This includes specific offenses identified by the Department of Homeland Security. Even smaller violations can be problematic if there are multiple convictions, so it’s wise to discuss any past infractions with a lawyer to see if you remain eligible.
Required Documentation for a DACA Application
Gathering all your documents is a big part of the process. You want to make sure everything is accurate and well-organized so that your request is less likely to be delayed. Below are some of the main documentation categories you may need.
Proof of Identity
- Passport or national ID from your country of origin
- A birth certificate along with a photo ID
- School or military ID with photo
- Any U.S. government document that has your name and photo
Proof of Entry Before Age 16
Examples of supporting papers include passports with admission stamps, Form I-94, and school transcripts. Some people also rely on medical or church records to show they entered the United States before their 16th birthday.
Proof of Immigration Status
Common documents are:
- Form I-94 or I-95 showing your authorized stay dates
- A final order of deportation, exclusion, or removal from before June 15, 2012
- A charging notice placing you in removal proceedings
Proof of Presence in the U.S. on June 15, 2012
Receipts, utility bills, your children’s birth certificates, tax forms, and dated bank transactions can all help you show you were in the country on that date. Revenue or lease documents can also strengthen your case.
Proof of Continuous Residence Since June 15, 2007
Similar records—like rent or mortgage agreements, pay stubs, and school transcripts—can demonstrate that you never left for a lengthy time during the required period. If you arrived very young, affidavits might help fill in gaps.
Proof of Current Student Status or Equivalent
You can submit high school or college documents, GED certificates, and evidence of ongoing enrollment. Certified transcripts or enrollment verification letters can be particularly helpful.
Proof of Honorable Discharge (if applicable)
Those who are honorably discharged veterans should collect their military records, such as Form DD-214 or the National Guard’s NGB Form 22. Military health records can also help confirm service history.
Below is a short table summarizing potential documents for each DACA criterion:
| Requirement | Possible Documents |
| Proof of Identity | Passport, Birth Certificate with Photo ID, School ID |
| Early Entry | Form I-94, School Records, Medical Records |
| Continuous Residence | Leases, Bank Statements, Employment Records |
| Student or Military Status | Diploma, GED, Discharge Papers |
| Physical Presence on 6/15/2012 | Utility Bills, Pay Stubs, Official Letters |
The DACA Application Process
Once you confirm that you meet the guidelines, you can prepare your forms and fees. Every part of the process matters, so please follow the instructions carefully.
Complete Required Forms
Forms for the request include:
- I-821D (Request for DACA Consideration)
- I-765 (Employment Authorization Request)
- I-765WS (Worksheet Explaining Financial Need)
Be sure you use the current versions posted by the USCIS. Also, write your name and date of birth consistently across all forms. It’s easy to lose precious time if your paperwork is inconsistent.
Pay the Filing Fees
Application fees can’t be waived in most cases, so be ready to make out a check or money order to the U.S. Department of Homeland Security. Make sure you check the USCIS site for the latest amount. While fee exemptions exist, they are rarely granted and only for a narrow group of applicants with severe financial need.
Submit Your Application
Once the forms and fees are prepared, mail them to the correct USCIS Lockbox. You should double-check addresses on the USCIS website and label your evidence clearly. You’ll get a formal receipt notice in the mail once they have accepted your packet.
Attend a Biometrics Appointment
After the USCIS reviews your submission, they will send a notice scheduling you for biometrics at an Application Support Center. This step includes fingerprinting and possibly a photo. Failing to attend can lead to a denial, so be sure to arrive on the given date and time.
Possible Request For Evidence (RFE)
If something is missing or unclear, the USCIS might send an RFE. You’ll need to respond by the deadline given, including any additional documentation requested. Ignoring that notice will probably lead to a denial.
DACA Renewal Process in Texas
It’s important to keep up with your renewal submissions so you can keep the benefits offered by DACA. The USCIS currently processes DACA renewals and matching work permit requests under the same rules as before.
Applicants are encouraged to submit renewal paperwork around 120 to 150 days before their current approval ends. Submitting too early or too late can cause issues, especially if your existing status expires while they review your new request. The renewal mostly follows the initial process but updates your information to reflect any changes (a new address, job, or education status).
How Wogwu Law Can Assist You
At Wogwu Law, PLLC, I help people across Texas understand their DACA eligibility. I am familiar with recent policy shifts and will strive to address your fears or logistical questions.
You can reach me by phone at 919-964-5472 or through my Contact Page to set up a consultation.
I will do my best to guide you toward a better outcome. It’s never too soon to find the proper support for your journey.