All posts by Cheng, Cho, & Yee, Immigration Lawyers

Applying for a Parent’s Green Card While on a Tourist Visa

Two boarding pass inserted on a Passport with a Visa Application paper and a mini USA flag on the table.

If your parent is visiting you in the U.S. on a tourist visa, you may be able to apply for a change of immigration status, allowing him or her to stay. To obtain your parent’s green card, you will need sufficient supporting documentation and the appropriate forms. Knowing how this process works in Chicago can help you know what to expect and how to prepare properly.

Two boarding pass inserted on a Passport with a Visa Application paper and a mini USA flag on the table.

Which Immediate Relatives of a U.S. Citizen Are Eligible for a Green Card?

Different types of immediate family members of U.S. citizens may be able to seek a green card through a relative visa. The following are the immediate family members of citizens that may be able to seek immediate relative immigrant visas:

  • Parents
  • Spouses
  • Unmarried children under the age of 21-years-old

However, these immediate family members must meet eligibility requirements if they want to successfully receive a green card in immigrant cases.

Adjustment of Status

If he or she is currently in the U.S., the first step toward getting a green card for an immediate family member is to apply for an immigration adjustment of status to become a lawful permanent resident (LPR).

To qualify for adjustment of status, your parent must undergo inspection and admission or parole from an official immigration officer with U.S. Citizenship and Immigration Services (USCIS). However, certain exceptions to this requirement may apply, depending on the individual.

Consular Processing

If the immediate relative is currently outside the U.S. and wants to obtain a green card, he or she must undergo consular processing instead of adjustment of status. This type of processing entails multiple steps to obtain LPR status through a U.S. Department of State consulate in the person’s country of origin.

The process would begin by having the U.S. citizen sponsoring the relative file a petition on the relative’s behalf, but it’s also possible to become an LPR by applying for asylum or refugee status. After filing the petition, the individual would need to wait for USCIS to make a decision on the petition, followed by receiving notification from the National Visa Center. You would then need to schedule and attend an appointment with an official at your consulate. You may then receive a relative visa, which will then enable you to receive a green card.

Steps to Get Your Parent’s Green Card

If you want to help a parent get a green card, there are some items to consider and prepare to successfully do so. The following are some steps you can expect when obtaining a green card for a parent or another immediate relative.

Necessary Supporting Documents

There are supporting documents to bring to an attorney for a green card and present to USCIS when applying for a parent’s green card. These documents will supplement the forms you submit with your application to help prove eligibility.

These supporting documents include copies of:

  • Your own birth certificate
  • Your certificate of naturalization or passport if you were born in another country
  • If only petitioning your father, your parents’ civil marriage certificate

Through the USCIS website, you can learn about other forms of documentation you may need to help support a green card application. For instance, if you intend to obtain a green card for a stepparent, you would need a copy of a death certificate, divorce decree, or annulment decree to show that your biological or stepparent’s previous marriages ended legally.

Complete Required Forms and Medical Examinations

To qualify for a green card, you must also file certain forms and documents. One of the main documents you’ll need to submit with an application is Form I-485, Application to Register Permanent Residence or Adjust Status. Other documents you’ll need to file include a passport, I-94 for proof of lawful entry, employment and address history spanning the last five years, a receipt for either an approved or pending I-130, and the dates of divorce or marriage for your parent’s previous marriages.

Also, the parent must undergo a medical exam to confirm that he or she is healthy and won’t pose a health risk to the American population.

If you need assistance with any part of this process and gathering sufficient documentation to prepare an application, a Chicago family immigration attorney may be able to help.

Current Visa Processing Times

There aren’t universal visa processing times, and the amount of time it takes for a green card application to process will vary depending on the specific case. You can generally expect the entire process to take around 16 months, but it can be considerably shorter or longer.

You can check the current processing time for your application on the USCIS website by entering information specific to your case. These details include the form submitted, which would likely be I-485, along with the nature of the immigration and the location of the nearest visa office or service center.

Factors That Could Delay Approval

There are multiple factors that can affect processing times. For example, USCIS could wind up delaying processing times due to large numbers of applications, requests, or petitions that take a lot of time to get through. Some immigration cases are also more complex than others and will require more thorough review and processing.

The processing time could also be longer if someone submits an application that isn’t complete or otherwise requires additional supporting documentation. Of course, missing appointments and failing to submit documentation, biometrics, and other information on time will further delay the process.

How Much Does a Green Card Cost?

You must pay a fee when applying for a parent’s green card, with the current fee for a family-based green card being $1,760 for U.S.-based applicants and $1,200 for applicants currently residing outside the U.S.

Additionally, you will need to cover the cost of a medical exam, which will vary depending on the provider.

How to Make the Green Card Process Faster

If you feel like it’s taking too long, you might wonder how to speed up the green card process. While you’re limited in your ability to accelerate the process, especially when backlogs slow down the process, there are some steps you can take to help it move as quickly as possible.

One way to make the process take less time is to understand how it works, and take the right steps when preparing your application. Knowing how to navigate the parent’s green card process efficiently may help avoid any issues that might otherwise come about due to a lack of preparation.

Another option to move the green card process along more efficiently is to submit an expedite request to USCIS. To take this step, you must have plenty of proof explaining why your case warrants expedited processing. For instance, you might be able to show how an error occurred on the part of USCIS during processing, or you might show why expediting is necessary due to an emergency situation, such as persecution that the applicant could face if he or she remains in his or her home country.

Under certain circumstances and with enough money to cover the increased fees, you may be able to file for premium processing. The specific reasons for this processing could include family emergencies, urgent medical care requirements, or military deployment.

How an Immigration Lawyer in Chicago May Help

If you want to apply for a parent’s green card while he or she is visiting on a tourist visa, an experienced immigration lawyer may be able to help.

An attorney can help you prepare all necessary forms and supporting documentation to keep the green card application process smooth. You’ll find out exactly what you need to ensure your parent has an easier time going through the process, whether in the U.S. or through a consulate in his or her country of origin.

Additionally, an immigration lawyer may help accelerate the application process by determining whether you’re able to submit an expedite request to USCIS. This lawyer can review the details of your case to confirm whether there’s a valid reason for making an expedite request.

Immigration lawyers may also help with other immigration matters. For instance, if you want to adjust your status or need help with other aspects of family immigration, you may benefit from working with an attorney who can guide you in the right direction. Attorneys could also provide assistance if someone faces deportation, fighting for the immigrant to either pause or prevent deportation proceedings.

With the right approach to an immigration case, you’ll be able to increase your chances of successfully applying for a parent’s green card in the U.S.

Advance Parole for DACA

A card with advance parole for DACA printed on it with a half image of passport

Deferred Action for Childhood Arrivals (DACA) recipients in Chicago will need advance parole if they want to travel outside the U.S. The application for advance parole is only available for approved DACA recipients.

A card with advance parole for DACA printed on it with a half image of passport

If you want to travel internationally as a DACA recipient, the following guide to advance parole for DACA will help you navigate the process and confirm eligibility.

What Is Advance Parole for DACA?

Advance parole is a specific type of travel document that allows DACA recipients to reenter the U.S. after leaving to travel abroad. Having this document eliminates the need for the individual to obtain an additional visa. In addition to DACA recipients, other immigrants of varying status may benefit from obtaining this document, including individuals seeking asylum, adjustment of immigrant status, and lawful permanent resident (LPR) status.

You will need to request this document before you leave the country. You must also keep this document on you at all times while traveling, in addition to other relevant travel documents.

When to Consider Applying for Advance Parole

If you intend on traveling outside the U.S. and returning as a DACA recipient, you should consider the benefits and risks of applying for advance parole.

For instance, you should consider why you want to travel, with a specific reason that would warrant obtaining an advance parole document. If you want to leave the country for vacation, this is not a sufficient reason for leaving the country on the DACA program. You will need to have more urgent reasons for traveling abroad if you want this document.

You should also consider the general risks of traveling abroad. Is the country you want to travel to potentially dangerous? What would you consider the worst case scenario during your travels, and would you be able to resolve it?

Carefully consider whether it’s worth it to travel outside the U.S. on an advance parole document, which isn’t without its risks and potential challenges. Thinking about this decision will help you determine whether it’s better to stay or leave the U.S.

Who Is Eligible for Advance Parole in Illinois?

So, who can apply for advance parole? Individuals on the DACA program can apply for advance parole if they plan on leaving the country for purposes related to work, humanitarian efforts, or education.

The following are some specific examples of valid reasons for obtaining this document in each category:

  • Work — You may decide to travel outside the country with employment authorization, with work-related reasons including job interviews, self-employment projects, professional conferences and meetings, and other overseas work-related assignments.
  • Humanitarian Efforts — These reasons for leaving the country could include seeking medical help, attending a loved one’s funeral, visiting aging or ill relatives, or other types of family-related reasons.
  • Education — You may also leave the country if you plan to study abroad or engage in academic competitions, research, or for other purposes.

You may travel abroad with advance parole if you are applying for a green card, have asylum or refugee status, have Temporary Protected Status (TPS), or fall under other immigrant statuses. However, you may need other documentation in these instances, in addition to advance parole, depending on the circumstances.

Applying for Advance Parole

If you want to apply for advance parole, the following are the steps you must take. If you have questions about the application process or are unsure whether you’ll need other documentation for traveling abroad, consider speaking with a Chicago immigration and legal services attorney for help.

Pick the Right Travel Category

The first step when applying for advance parole is to choose the appropriate category—your specific reason for traveling. This could include employment, educational, or humanitarian reasons for leaving the country.

Collect and Complete All Necessary Documentation

Before applying for advance parole, you will need to complete different types of paperwork and obtain other valid documentation to support your application.

Some documents you’ll need may include:

  •  Form I-131, Application for Travel Document
  • DACA approval notice
  • A letter explaining the reason for your travels
  •  A valid state-issued form of identification with a photo, which could include your driver’s license or work permit

Prior to completing the application process, you must also pay a $575 application fee to the U.S. Department of Homeland Security. However, you may be able to bypass this fee if you are leaving the country for urgent humanitarian reasons. This can be beneficial to you financially, as immigration fees are set to skyrocket in the coming years.

Confirm You Have Everything You Need

Before you submit your application, check to ensure that you have obtained all documentation you need and completed all paperwork. You can have a loved one or an attorney review your application forms and documents to determine whether you need to make any changes or additions.

Additionally, an attorney can help you identify and address any challenges you might face before beginning your travels. A lawyer can also help with other issues, such as determining how to stop removal proceedings, how to navigate criminal proceedings if you face criminal charges, or if you are uncertain as to the nature of your initial entry into the U.S., among other issues.

Submit Your Advance Parole Application and Await a Response

The next step would be to submit Form I-131 and all supporting documentation and wait for the U.S. Citizenship and Immigration Services (USCIS) to respond to your application. You may need to wait for a longer period than usual, depending on the backlog of applications. You can reach out to USCIS to determine the status of your application or get additional help from an immigration lawyer.

Prepare to Travel

While awaiting a response, you can begin booking your flight and other materials to help you prepare for your travels. However, you might be unable to effectively plan your travels in some circumstances until you have received advance parole approval confirmation, in which case you may benefit from the safety net of travel insurance. This insurance will help keep you flexible in the event of any issues that force you to change your plans.

Tips for Applying for Advance Parole

To help increase your chances of successfully applying for advance parole on time, here are some helpful tips to consider before and during the application process:

Give Yourself Plenty of Time to Apply

Don’t wait too late to begin the application process. You don’t know how long it may take to receive a response to your application from USCIS, and giving yourself extra time can also give you a chance to address any potential issues that might arise regarding advance parole requirements.

Thoroughly Explain Your Reasons for Traveling Abroad

When applying for advance parole, you might determine that your reason or reasons for traveling don’t strictly apply to the reasons listed under work, educational, or humanitarian purposes. This won’t necessarily void your application, however. You might have a perfectly valid reason for leaving the country that’s urgent and still permits you to leave as needed.

In your application letter, be thorough and go into as much detail as possible about the reasons you wish to travel abroad. Doing so could help further increase your chances of receiving approval for your application.

Confirm All Details and Documents Are Correct and Included

After initially collecting and completing all documents, including Form I-131 and other supporting paperwork, make sure all information is up-to-date, correct, and complete. Any problems with your application could compromise your advance parole application and prevent you from traveling.

Don’t be afraid to consult an immigration attorney for any help if needed. The right professional will be able to look over your application and ensure it’s ready for submission. An attorney can also help with a DACA renewal request and any other issues you might need help with as a DACA recipient.

Possible Risks of Traveling With advance parole

You must also consider the potential risks of traveling with advance parole, which may include:

Inability to Gain Re-entry to the U.S.

Even if you successfully apply for advance parole, certain issues could prevent you from gaining re-entry into the U.S. For instance, you might unknowingly face deportation and removal proceedings, which could render you “inadmissible” in the U.S.

The Emotional Impact of Your Travels

You could experience negative emotions on your travels, ranging from fear to depression and feelings of isolation, making it necessary to prepare emotionally before your trip.

Issues With Customs

Some immigrants attempting to reenter the U.S. after traveling abroad could undergo something called “secondary inspection” with U.S. Customs and Border Protection officers. Preparing for a potential secondary inspection could make the process less unexpected and traumatic.

Getting Advance Parole for DACA Recipients in Chicago

If you intend to travel abroad as a DACA recipient, you may be able to successfully apply for advance parole for DACA. Taking the right steps will keep this process smooth and help you get to your international destination.

Requirements for Traveling on DACA

Young mom embracing and calming her child while he in bad mood or upset feelings. Concept of Requirements for Traveling on DACA

If you are part of the Deferred Action for Childhood Arrivals (DACA) program, you may be able to travel domestically as long as you have the proper documentation in Chicago. However, you may not be able to travel internationally unless you have a critical reason that allows for “Advance Parole.”

Young mom embracing and calming her child while he in bad mood or upset feelings. Concept of Requirements for Traveling on DACA

Knowing the specific requirements for traveling on DACA can help you determine which steps to take to obtain travel authorization for either domestic or international travel.

How Does DACA Work?

The DACA program gives young immigrants in the U.S. a chance to legally live and work in the U.S. and can potentially allow them to become naturalized citizens. Once the government has approved a person’s DACA application, the applicant will be able to avoid potential deportation while under the program.

Some benefits of the DACA program include the ability to:

  • Obtain work permits
  • Get social security cards
  • Acquire a driver’s license, depending on the specific state
  • Travel domestically and internationally for valid reasons such as humanitarian work and education

How to Qualify for DACA

If you want to apply for the DACA program, you must meet certain requirements in place for this program. These requirements largely pertain to the applicant’s age and the amount of time they’ve spent in the country, which is due to the fact that this program is for individuals who came to the country as children.

Age and Time in the U.S.

One of the main requirements of the DACA program is that you must have entered the country as a child under the age of 16 and as an undocumented immigrant. You also must have a birthdate that falls on or after June 16, 1981, and you must have lived in the country on a continuous basis as of June 15, 2007.

June 15, 2012 is another key date to consider: You must have been undocumented as of this date, and you need to have been physically located in the country on this day.

Criminal History

When it comes to criminal history, you must not have any history of convictions for serious misdemeanors or felonies, nor can you have a background with three misdemeanors or more. Also, the government must not find you to be a potential threat to people in this country or national security.

Education

Educational requirements to qualify for DACA include either a high school degree or the equivalent of a high school degree. Exceptions to this requirement include enrollment in school or honorable discharge from a U.S. military branch.

DAPA vs. DACA: What’s the Difference?

When learning about the DACA program, you might ask, “What are DAPA and DACA?” While the DACA program aims to help undocumented immigrants who entered the country as children, the Deferred Action of Parents of American and Lawful Permanent Residents (DAPA) is in place to help the parents of children who are either lawful permanent residents (LPRs) or U.S. citizens.

The Obama administration introduced both of these programs, with DAPA coming about in November 2014.

Domestic Travel Within the U.S.

Some people in the DACA program may want to travel within the country. If you have the right documentation, you may be able to do so legally as a DACA recipient. You may also travel domestically with the right documents if you’re still awaiting the approval of your DACA application.

There are several key documents you must possess to travel within the country under the DACA program, whether your application is pending or approved. These documents include:

  • A valid photo ID with the same name as what appears on your flight reservation, or
  • A U.S. Citizenship and Immigration Services (USCIS)-issued Employment Authorization Document (EAD) that proves your identity

Valid forms of ID include passports, driver’s licenses from a specific state, or driver’s permits, among other forms of government-issued ID.

You will also need a valid form of REAL ID-compliant identification by May 7, 2025. This documentation will apply to all individuals over 18 in the U.S. and become mandatory for individuals who want to travel domestically.

International Travel Challenges With DACA

If you plan on traveling internationally under the DACA program, this could be more challenging than traveling domestically. Before traveling internationally, you will need authorized permission to travel internationally from the U.S. government. This permission is called Advance Parole.

What Exactly Is “Advance Parole?”

This travel document enables you to return to the U.S. after initially leaving while eliminating the need to apply for another visa. It also prevents your DACA or another application from becoming void due to your travels. Many people use it on the DACA program or if they’re awaiting decisions on applications for adjustment of status, permanent residence, and asylum.

However, even if you are allowed re-entry with an Advance Parole document, you may still be unable to travel internationally unless you have a valid reason for embarking on these travels. These reasons exclude vacations and leisure, but they can apply to work, humanitarian efforts, and education.

Threats to the DACA Program

While the DACA program has helped many young immigrants get the protection they need to avoid deportation in the U.S., the government has been deciding the fate of DACA as certain parties oppose the program, arguing that it is unlawful.

The threat to DACA began with the case of Texas v. U.S., et al., when multiple Republican attorneys general attempted to have the Supreme Court declare DACA unlawful. Currently, the status of DACA is uncertain as we await a decision from Judge Andrew Hanen after recent hearings.

Previously, Judge Hanen has agreed with the Republicans in the decision to deem DACA unlawful, but he may reverse his decision in the future.

Applying for a Green Card as a DACA Recipient

If you want more freedoms as a DACA recipient, you won’t be able to gain LPR or citizenship status directly through DACA. However, you may be able to apply for a green card that will give you more options in the U.S.

To qualify for a green card in the U.S., you must meet the lawful entry requirement for immigrants. Depending on your situation, you may apply for a family-, employment-, or humanitarian-based green card.

If you don’t currently have lawful entry in the U.S., you will need to go through a foreign consulate to adjust your status. This process would entail leaving the U.S. temporarily to obtain a valid U.S. visa at an American consulate or embassy in your country of origin. While this may allow you to meet lawful entry requirements, you may be unable to enter the country again if you lived in the U.S. with undocumented status for six months or longer.

Once you receive your green card, you may be able to eventually become an LPR or gain citizenship if you meet all additional requirements. The advantages of this status adjustment would give you more freedom, including the ability to travel with fewer restrictions compared to DACA recipients, and the ability to vote and receive government assistance such as financial aid and food stamps.

How an Attorney Can Help

Not sure if you meet the requirements to travel domestically or internationally? You may also need help if you worry that you’re facing deportation or have other issues that apply to your immigrant status. In any case, you may benefit from the assistance of a Chicago immigration and legal services attorney.

For example, an attorney can work with you to help you obtain and complete all documentation to prepare for domestic or international travel. An attorney may also be able to help you organize all documentation to help you apply for adjustment of status and get on the path to citizenship.

Attorneys with a focus on immigration may also help defend you in administrative court if you’re facing deportation or other legal issues. Ultimately, you can get plenty of guidance from an experienced lawyer if you need legal assistance as a DACA recipient or an immigrant with another status.

Meeting the DACA Travel Requirements in Chicago

So, can DACA recipients travel in our outside the U.S.? With the proper documentation and reasons, and by meeting all applicable requirements, these individuals can travel either domestically or internationally.

Traveling domestically in the U.S. is generally easier as a DACA recipient than it is to travel internationally. If you want to travel domestically, you will require proper identification, which will eventually include a form of REAL ID in Illinois and across the country. If you want to travel outside the U.S., you will need a valid reason to do so along with Advance Parole documentation, or you may be unable to reenter the U.S.

Meeting the proper requirements will help ensure that you’re able to travel legally both within the country and abroad. 

Immigration News: What Is the Dream Act of 2023?

Male arm in suit offer insurance form clipped to pad and silver pen to sign. Concept of immigration news

The Dream Act of 2023 is a specific bipartisan bill with the goal of giving young immigrants in the country the chance to become citizens of the country they’ve called home for their entire lives. It works by enabling young immigrants to become lawful permanent residents (LPRs) in the U.S., enabling them to live and work in the country. It’s one of the most important pieces of immigration news to come out in recent years.

Male arm in suit offer insurance form clipped to pad and silver pen to sign. Concept of immigration news

How the Dream Act of 2023 Began

The Dream Act of 2023 first developed under Senators Dick Durbin and Lindsey Graham, a Democrat and a Republican, respectively. Both created the bill with the goal of opening a pathway to citizenship for young immigrants who have lived in the U.S. for most, if not all, of their lives. These individuals are known as Dreamers. The bill would ultimately aim to enable these undocumented immigrants to gain LPR status and, eventually, become citizens if they choose. 

The Dream Act of 2023 ultimately helps eliminate the fear of deportation that many young immigrants face. Upon becoming LPRs through the act, immigrants may not only live in the U.S. legally, but can also gain employment and leave the country without fear of being barred from reentry.

While Dreamers have had options available to them in the past under the Deferred Action for Childhood Arrivals (DACA) policy that the Obama Administration established in 2012, DACA has undergone repeated threats in the years since. As of 2023, the DACA policy is considered illegal according to the 5th Circuit Court of Appeals, which has led to an indefinite closure of the policy to new applicants. 

The Dream Act of 2023 came along in a time when there is great uncertainty regarding the future for Dreamers. While Congress has debated the development of the Dream Act in some form for decades, there hasn’t been a real version of it in place until now. This particular act means there is new hope for Dreamers on the horizon.

How the Dream Act of 2023 Would Work

The following are the basic steps that people could take under the Dream Act to transition from undocumented immigrants to LPRs and citizens:

Gaining CPR Status

The Dream Act of 2023 doesn’t give immigrants a direct path to citizenship, but it can point them in the right direction by allowing them to apply for conditional permanent (CPR) status. There are certain requirements they must meet to qualify under this act.

If applications for CPR status receive approval from U.S. Citizenship and Immigration Services (USCIS), they would be able to keep this status for eight years. However, they may no longer be valid CPRs if they no longer meet the criteria in place to qualify. 

Becoming LPRs

Once individuals have either completed two years at or graduated from a postsecondary education program, worked for at least three years, or provided honorable military service for two years in the U.S., they may have the conditions removed and become LPRs. Many DACA recipients would automatically become LPRs due to their having met these requirements upon applying under the new bill. 

In addition, approved applicants may be able to have their conditional requirements removed if they are under compelling circumstances. These specific circumstances would include situations where the DACA recipient’s removal would lead to serious consequences and challenges for the individual’s immediate family members who have LPR or citizenship status.

Earning Citizenship

With conditions removed and if they meet certain qualifications, Dreamers may become citizens. To gain citizenship in the U.S., you would need to submit identifying information and biometric data, clear a medical exam, and have a criminal background devoid of certain felony convictions and other serious criminal convictions. 

Becoming American citizens would offer more freedom for Dreamers and their loved ones, enabling them to freely live and work in the U.S. while making it easier for them to contribute personally and economically to their communities. 

Harsh immigration policies are toxic for kids in the U.S. and their families, but the Dream Act is attempting to mitigate those policies by making it easier for Dreamers to truly succeed in this country.

Who Qualifies for the Dream Act of 2023?

If you want to qualify for the Dream Act, the U.S. government must deem you either “deportable” or “inadmissible” under current immigration laws. Others may qualify if they are in the country with temporary protected status. 

Also, applicants must have lived in the country continuously since arriving in the country as minors under the age of 18. Specifically, they need to have lived in the country continuously for four years upon their arrival. 

Qualifying individuals will also need to have earned or be in the process of earning a high school diploma or the equivalent of one, such as a General Educational Development (GED). Individuals may also meet the educational requirement if a higher education institution has admitted them.

Requirements for the Dream Act

When trying to qualify for the Dream Act of 2023, you will need to take certain steps to meet all requirements. Keep in mind that the Dream Act of 2023 isn’t currently in law, meaning you must follow the steps to apply for DACA.

The following steps detail how to apply for the Dream Act under DACA:

1. Determine Eligibility

The first step will involve determining whether you’re eligible for the Dream Act and DACA. To be eligible, you must:

  • Have been under the age of 31 as of June 15, 2012
  • Have lived in the U.S. since June 15, 2007 up to the present day
  • Have entered the country prior to turning 16
  • Have had no lawful conditional or permanent resident status on June 15, 2012
  • Be currently enrolled in school, have graduated from high school, received the equivalent of a diploma, or have served in the military honorably
  • Be physically in the U.S. at the time of applying and as of June 15, 2012

If you’re not sure whether you qualify under the current requirements, an immigration legal services attorney can help confirm eligibility.

2. Collect All Relevant Documentation

You must also collect sufficient documentation to help prove eligibility and meet all requirements in place for DACA recipients.

Documents will include: Two passport photographs that include your name and date of birth, a birth certificate, a foreign passport biographic page, criminal records, school records, and proof of entry into the U.S. before the age of 16. USCIS won’t return these documents to you after applying, making it important to only submit copies of these documents.

3. Pay the Necessary Fees

You will also need to pay a fee of $495 to USCIS when applying for DACA. You have the option of paying this fee via personal checks, money orders, or cashier’s checks, but it’s ideal to pay via money order or cashier’s check because of USCIS’s current uncertainty around withdrawal times.

If you’re unable to pay this fee on your own, you may be able to pay through financial assistance from legal service providers or certain organizations that support immigrant rights. 

4. Complete All Necessary Paperwork

Obtain copies of all relevant, up-to-date forms from the USCIS website. These forms will include Form I-765, Form I-765WS, Form I-821D, and Form G-1145, along with any other forms that apply to your case.

You can then complete each form. When doing so, ensure all information you provide is accurate, updated, and consistent across all documents. Be honest when answering all questions and include all relevant information to increase your chances of approval. 

After completing all relevant forms, create copies of them for your personal records. Also, make sure that you have provided a signature for each form.

5. Develop a Cover Letter

A cover letter is a good way to help speed up the review process when USCIS receives your application packet. This cover letter will summarize the information within, and you can use it to help you make sure you’ve included all necessary documents in your packet before sending it to USCIS.

You can find plenty of examples of these cover letters online.

6. Submit Your Packet

With everything in order, you can send your packet to USCIS for review. You may then track the status of your submission.

7. Attend a Biometrics Appointment

You will also need to visit your nearest approved Application Support Center to have biometrics taken.

8. Await Review

USCIS will review your application and determine if you qualify for a DACA grant. You may need to submit additional information upon request before receiving an official response from USCIS. 

The Dream Act Gives Young Immigrants a Chance at Thriving

With the help of the Dream Act of 2023 and other attempts to improve immigration policies in the U.S., young immigrants will have a better chance of flourishing in the U.S. and eventually becoming citizens if they meet all qualifications. Therefore, potential Dreamers should stay up-to-date on the latest immigration news.

Are Immigrants Still Eligible for DACA Renewal?

Happy interracial family. Concept of DACA renewal

Immigrants in Chicago and across the country are still potentially eligible to renew their Deferred Action for Childhood Arrivals (DACA) grant, as long as they meet all eligibility requirements in place under the U.S. government.

Happy interracial family. Concept of DACA renewal

Discover more about what DACA entails and how you may be able to apply for DACA renewal if you qualify.

What Are the Benefits of Deferred Action for Childhood Arrivals (DACA)?

The DACA program initially began in 2012 under the Obama administration. The goal of this program was to allow young children of immigrants to legally live and work in the U.S., enabling them to avoid deportation.

There are many benefits that the DACA program offers for recipients, known as Dreamers. These benefits include:

  • Opportunities for employment, experiential learning, and national services
  • Help with purchasing or renting homes
  • Consumer protection, financial education, and tax credits
  • Resources to maintain health and well-being
  • Resources for active-duty service members and military veterans

If individuals meet the eligibility requirements in place and can adhere to the timelines for DACA application and renewal, they’ll be able to take full advantage of the benefits the DACA program has to offer.

While the Trump administration attempted to end the DACA program, recent DACA news is positive as the Biden administration took steps to give Dreamers the protection they need. In deciding the fate of DACA, Congress hasn’t made a move, but the Biden administration took action in the form of getting the Department of Homeland Security to step in to “preserve and fortify” the program.

Other government agencies and programs are also coming along to give Dreamers certain protections under the DACA program, helping to keep them in the country legally and encouraging them to contribute to American society.

Ultimately, the courts have determined that the decision to end DACA was unlawful, keeping this program in action to give young immigrants a chance to enjoy life in the country they call home.

What Are the Eligibility Requirements for a DACA Renewal?

If you want to renew your DACA grant, you must meet U.S. Citizenship and Immigration Services (USCIS) requirements for eligibility.

Specifically, you may be able to apply for DACA renewal if you meet three main criteria:

Continual Residency

The first eligibility requirement is for you to have lived continuously in the U.S. after first qualifying for and receiving the DACA grant. However, you may still qualify to renew your grant if the U.S. government authorized your immigration to another country.

Clear Criminal Background

You must not have a criminal background that includes any felonies, more than three misdemeanors, or serious misdemeanors. 

Confirmation as a Non-Threat

You must not pose a threat to national security or public safety in the government’s eyes. 

If you meet each of these requirements, you may be able to renew your DACA grant in Chicago.

Applying for Renewal Before Time Runs Out

If you want to receive a USCIS DACA renewal, you must submit your DACA renewal application before time runs out, but you cannot apply too early, either.

USCIS gives you the chance to submit your DACA application between 120 and 150 days of your current grant’s expiration. Any earlier or later will render you unable to apply. In other words, you have 30 days to apply. 

It’s crucial to apply before your grant expires, as you will no longer have legal immigration status in the U.S. if you are without a valid DACA grant. As a result, you would be unable to legally reside and work in the U.S. and risk deportation. 

Steps to Renew Your DACA Status

If you want to find out exactly how to renew DACA grants, the following are some steps you can take to successfully apply on time:

1. Complete All Relevant, Up-to-Date Paperwork

The first step to apply is to locate and obtain copies of updated DACA paperwork. Specifically, you’ll want to look for DACA renewal forms that include all the necessary fields that you’ll need to fill. Make sure all information you provide on this form is current, consistent, and accurate. 

If you haven’t applied for a renewal before, you may also use the forms you initially used to apply for your DACA grant.

2. Complete the Corresponding Application Forms

You can visit the USCIS website to download and print copies of all required application forms. These forms include Form I-765 (Application for Employment Authorization), Form I-765WS (Worksheet for Form I-765), and Form I-821D (Consideration of Deferred Action for Childhood Arrivals).

3. Obtain a Passport Photo

Another requirement for your DACA renewal application in Chicago is to have two recent passport photos. You will need to take these photos no later than 30 days leading up to when you submit Form I-765. You can take these photos on your own if they meet the requirements in place for them, or you can visit your local post office, pharmacy, or another business that offers to take passport photos.

3. Pay the Fee

Before you can complete the filing process, you must also pay the $495 fee for filing your forms. There are two main components of this fee:

  • $410 that goes toward authorizing your ability to gain employment
  • $85 that applies to obtaining biometric data, including fingerprints

You have the option of paying this one-time fee via credit card or money order.

4. Collect All Information and File for Your DACA Renewal

The next step is to gather all documentation you need to submit to USCIS. This will include all forms and aforementioned documentation above, along with a cover letter, both sides of your employment authorization document, and other supporting documentation that proves eligibility.

After gathering this documentation, you can file all of it collectively to USCIS for review. Ensure you send it to the filing address corresponding to your location. 

5. Await a Decision

Once you’ve filed for DACA renewal, the next step involves waiting for USCIS to review and provide a response. Currently, USCIS attempts to process all DACA renewal requests no later than 120 days after receipt. You can reach out to USCIS to learn the status of your application if you don’t receive a response within 105 days of filing.

If USCIS denies your application, the agency should send a written explanation for the rejection. While you typically cannot appeal the USCIS’s denial of a DACA renewal application, you may be able to get some help from Chicago immigration legal services attorneys. 

Can You Change From DACA to Green Card in Chicago?

Under the DACA program, you will be unable to gain citizenship in the U.S. unless you take steps to gain lawful permanent residence or citizenship. One way you can do this is to apply for a green card. As long as you meet the requirements for legal entry, you may apply for a green card under different circumstances.

For example, you may apply for a green card based on employment, marriage, or humanitarian purposes. If you are unable to enter the country legally at the time of applying for a green card, you will need to go through a foreign U.S. embassy or consulate to adjust your immigrant status. 

One way to apply for a green card that many immigrants try is to go through family. Specifically, you may be able to receive a family-based green card if you have an immediate family member in the U.S. who currently has a green card or is a U.S. citizen. These family members may include spouses, parents, or children. In these instances, you would need to prove the legitimacy of your relationship with the family member.

If you apply for and receive a green card, you may proceed to take additional steps to become a lawful permanent resident or, eventually, a U.S. citizen. Taking this step would open you up to even more benefits than what the DACA program offers alone, including the ability to vote, receive college loans and other funding options, and apply for food stamps.

Getting Help With Your Application

If you’re not sure whether you qualify to renew your DACA grant, you may be able to get assistance from a lawyer. Immigration attorneys may be able to help guide you through the application process and indicate whether you qualify for DACA renewal.

In addition to helping with gathering, completing, and submitting your renewal application, an experienced lawyer may help you identify other opportunities to gain lawful permanent residence or citizenship. For instance, a lawyer may help determine if you qualify to receive a green card or begin the naturalization process to become a citizen. 

If you’re an immigrant in the U.S. as a Dreamer, you will still qualify to renew your DACA grant for the foreseeable future if you meet the eligibility requirements in place. Successfully applying for DACA renewal could enable you to take additional steps to remain in the U.S. as a resident or citizen.