For thousands of individuals who were brought to the United States as children, Deferred Action for Childhood Arrivals (DACA) offers protection from deportation and the chance to live, work, and thrive in the country they call home. At Bartell, Georgalas & Juarez,
our experienced Cleveland immigration attorneys are proud to support DACA recipients and applicants throughout Ohio, including in Columbus, Independence, and Oxford.
The legal and political landscape surrounding DACA has changed repeatedly since the program's inception in 2012. Staying informed and submitting a strong application requires diligence and legal guidance. Our Cleveland attorneys are here to help you understand your rights, confirm your eligibility, and submit the necessary forms with confidence. We are committed to helping our clients achieve stability and security through the opportunities DACA provides.
What Is DACA and How Does It Help?
Deferred Action for Childhood Arrivals (
DACA) is a policy established by the Department of Homeland Security (DHS) in 2012 that allows certain individuals who were brought to the United States as children without lawful immigration status to request deferred action. In essence, DACA provides temporary protection from deportation and authorizes recipients to work legally in the United States.
DACA was created on the principle that young immigrants who have grown up in the United States, attended school here, and contribute positively to their communities should not be prioritized for removal from the country. These individuals, often referred to as “Dreamers,” have no direct control over how they entered the country, yet many have built lives indistinguishable from those of U.S. citizens.
By granting deferred action for an initial period of two years (subject to renewal), DACA:
- Protects recipients from deportation
- Allows recipients to apply for and receive work authorization
- Enables access to a driver’s license, Social Security number, and, in some cases, in-state tuition
- Provides a foundation of legal presence that can support long-term stability
While DACA does not grant
permanent residency or
citizenship, it offers peace of mind and practical benefits that open doors to education, employment, and full participation in American life. Many DACA recipients in cities like Cleveland have used the program to pursue higher education and contribute meaningfully to the local economy. In Cleveland, Dreamers work in schools, hospitals, and small businesses, strengthening the community and enriching the city's cultural fabric.
Who Is Eligible for DACA?
Eligibility for DACA is based on several strict criteria outlined by the U.S. Citizenship and Immigration Services (USCIS). These requirements ensure that the program is available only to individuals who meet specific guidelines, most notably those who were brought to the U.S. as children and have since built a consistent and lawful presence in the country.
To qualify for DACA, you must meet the following criteria:
- You were under the age of 16 when you entered the United States
- You have continuously resided in the U.S. since June 15, 2007
- You were under the age of 31 on June 15, 2012
- You were physically present in the U.S. on June 15, 2012, and when you submitted your DACA application
- You entered without inspection, or your lawful immigration status expired before June 15, 2012
- You are currently enrolled in school, have graduated from high school, obtained a GED, or received an honorable discharge from the U.S. military or Coast Guard
- You have not been convicted of a felony, a significant misdemeanor, or more than three misdemeanors
- You pose no threat to public safety or national security
- You are willing to undergo and pass a background check
If you meet all of these conditions, you may be eligible to receive deferred action and be granted lawful presence under DACA. At Bartell, Georgalas & Juarez, we take the time to review every Cleveland applicant’s personal and immigration history to ensure that the application is supported by clear and convincing evidence.
It’s also important to know that even if you don’t meet every single requirement, you may still have legal options worth exploring. Our Cleveland DACA attorneys can help assess whether you qualify for other types of
immigration relief or waivers.
How Do I Apply for DACA?
Applying for DACA involves multiple steps and strict documentation requirements. Because the stakes are high and any error or omission can result in delays or denial, it’s strongly recommended to seek legal guidance throughout the process.
Step-by-Step Guide to the DACA Application Process:
- Determine Eligibility: Carefully review all DACA criteria and gather evidence to demonstrate you meet every requirement.
- Complete the Necessary Forms: You will need to complete and submit the following:
- Form I-821D: Consideration of Deferred Action for Childhood Arrivals
- Form I-765: Application for Employment Authorization
- Form I-765WS: Worksheet providing financial justification for employment authorization
- Prepare Supporting Documentation: Documentation may include:
- School records, diplomas, and transcripts
- Medical records, lease agreements, or utility bills to prove continuous residence
- Military records, if applicable
- Identification documents such as passports or birth certificates
- Pay the Required Fee: The current filing fee for a DACA request (including employment authorization) is approximately $495. Fee waivers are generally not available.
- Submit Your Application to USCIS: All forms and supporting documents must be mailed to the correct USCIS address, depending on your location.
- Attend Biometrics Appointment: Once your application is received, you will be scheduled for a biometrics appointment where your photo and fingerprints will be taken for a background check.
- Wait for USCIS Decision: USCIS will review your application, conduct a background check, and issue a decision. If approved, your deferred action will be valid for two years and may be renewed before it expires.
Why Legal Guidance Is So Important
At Bartell, Georgalas & Juarez, our Cleveland attorneys help DACA applicants prepare strong, complete applications that minimize the risk of delays or denials. We carefully check for inconsistencies, organize all supporting documents, and walk you through every deadline and procedural step.
If your DACA status has expired, or if you’re unsure whether you still qualify under changing legal standards, we can help you take the right next step with confidence.
DACA Renewal: What You Need to Know
If you’re already a DACA recipient, it’s critical to keep your deferred action and work authorization status active through timely renewal. While the legal status of DACA has changed over the years, the federal government is still accepting and processing renewal requests for existing recipients.
To maintain your DACA status:
- Submit your renewal application 120 to 150 days before your current status expires
- File the following forms:
- Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
- Form I-765 (Application for Employment Authorization)
- Form I-765WS (Worksheet)
- Pay the applicable renewal fee (currently $495)
You do not need to resubmit all supporting documentation from your original application, but you should update USCIS on any changes to your address, school, or employment. It’s also important to disclose any arrests, citations, or other legal issues that have occurred since your last approval.
Failing to renew on time could result in the loss of your work authorization and protection from deportation. If you’ve allowed your DACA status to lapse, you may still be eligible to reapply, but your application may be treated as an initial request and subject to additional review.
Working with a Cleveland immigration attorney during your renewal process ensures that your paperwork is accurate, timely, and supported by any updated documentation that USCIS may require.
What Happens If My DACA Application Is Denied?
A denial of your DACA application doesn’t automatically mean you are subject to immediate removal, but it does require immediate legal attention. Understanding the reasons behind a denial and exploring your next steps with a qualified Cleveland DACA attorney is essential.
Common reasons for DACA denials include:
- Missing or incomplete application forms
- Failure to meet eligibility requirements (e.g., entry date, age, or education status)
- Inconsistent or inaccurate information
- Criminal history that USCIS considers disqualifying
- Insufficient documentation to prove continuous residence or school enrollment
If your application is denied:
- You will not be issued a Notice to Appear (NTA) in removal proceedings solely based on the denial, unless there are separate immigration violations or enforcement priorities
- You cannot appeal a DACA denial, but you may file a new request
- You should consult with an immigration attorney to determine whether refiling is advisable or whether another form of immigration relief might be available
Legal representation can often make the difference between a successful reapplication and continued uncertainty. At Bartell, Georgalas & Juarez, we help clients in Cleveland evaluate the root cause of their denial, gather better documentation, and present a stronger case for USCIS review.
The Future of DACA and Your Legal Options
DACA has faced multiple legal challenges in recent years, and its future remains uncertain. Court rulings and executive actions have led to shifts in how the program is administered, including temporary pauses on new applications. While renewals are still being processed, it's important for all Dreamers to stay informed and prepared.
Here’s what you should know:
- DACA does not currently provide a path to permanent residency or citizenship
- New initial DACA applications may not be accepted depending on court orders
- Congressional proposals such as the DREAM Act or comprehensive immigration reform may eventually provide permanent relief, but no laws have been passed yet
If you're concerned about your long-term future, there may be other immigration options to explore:
- Family-based petitions, if you have a U.S. citizen spouse, parent, or child
- Asylum or humanitarian relief if you fear returning to your home country
- U visas or T visas for victims of crimes or trafficking
- Adjustment of status if you qualify through employment or marriage
Our attorneys can help you explore every avenue. Even if DACA changes tomorrow, knowing your rights and having a long-term strategy in place can make all the difference.
How Can a Cleveland Immigration Attorney Help?
DACA is a critical form of immigration protection, but it is not automatic or guaranteed. Even eligible applicants can be denied due to mistakes in their paperwork, misinterpretation of eligibility criteria, or minor criminal offenses that USCIS considers disqualifying. That’s why it’s so important to work with a legal team that understands the intricacies of immigration law and has a proven record of helping young immigrants.
Here’s how Bartell, Georgalas & Juarez can assist clients in Cleveland and throughout the stae:
Determine Eligibility With Precision
Our Cleveland team can thoroughly review your immigration history, school records, and any legal matters to ensure you meet every DACA requirement.
Prepare and Submit Your Application
From completing USCIS forms to compiling supporting documents, we’ll guide you through the entire process and make sure your application is complete, consistent, and timely.
Background Check and Legal Concerns
If you’re concerned about prior arrests, citations, or other legal complications, our Cleveland attorneys will help you understand how they may impact your eligibility and whether a waiver or legal argument is possible.
Renewal and Reapplication Support
If your DACA status is close to expiring, we’ll help you file a timely renewal to avoid a gap in protection and work authorization. If you previously held DACA and missed a renewal, we’ll advise on whether you can reapply.
Provide Advocacy When Laws Change
Immigration laws are always evolving, and DACA has been particularly affected by legal challenges and shifting policies. Our Cleveland team stays current on court rulings and federal agency updates so that you’re always protected and prepared.
Our attorneys work with clients throughout Cleveland, Columbus, Oxford, and across the state of Ohio. We also have experience handling appeals, motions to reopen denied applications, and exploring alternative legal pathways for those who may not currently qualify for DACA.
In addition to our DACA-based services, Bartell, Georgalas & Juarez provides legal support for individuals and families navigating a wide range of immigration challenges. We are proud to represent clients in Cleveland, Ohio and beyond in matters involving:
Contact Our Cleveland DACA Lawyers Today for Immediate Help
If you or someone you love is seeking protection through DACA, now is the time to act. Delays or mistakes can jeopardize your future and limit your opportunities, but with the right legal support, you can secure the stability and freedom that deferred action provides.
At Bartell, Georgalas & Juarez, we understand how much is at stake for young immigrants and their families. We are proud to stand with Dreamers across Cleveland, Independence, Columbus, and Oxford, Ohio. Our legal team is available to answer your questions, evaluate your options, and walk you through every step of the application or renewal process.
We offer free initial consultations and can meet in person, by phone, or via video call. If you’re facing barriers to travel, we can even arrange to meet at your home. Don’t face the process alone; let our experienced Cleveland immigration attorneys help you protect your future.
