DACA- Deferred Action for Childhood Arrivals
**UPDATE: The Supreme Court's 5-4 majority decision issued June 18, 2020, Department of Homeland Security Et Al v. Regents of the University of California Et Al, penned by swing voter Chief Justice John Roberts, was hailed as a victory to the Dreamers and DACA eligible. Read our article here.
Individuals who came to the United States as children and meet certain criteria may be allowed to stay in the country and work for a period of two years, subject to renewal. Consideration of deferred action does not confer lawful status but rather prevents the U.S. government from removing the individual while holding such status.
DACA - Eligibility Criteria
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Applying To DACA
- You must be at least 15 years of age for requesting DACA (unless you are in removal proceedings, have a final removal order, or have a voluntary departure order and are not in immigration detention)
- Collect evidence to show that you meet the guidelines
- If you wish to renew your DACA, you must show that you did not depart the United States on or after Aug. 15, 2012, without advance parole; that you have continuously resided in the United States since you submitted your most recent DACA request that was approved; and have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
On November 20, 2014, the President announced a series of executive actions which included the expansion of DACA FOR people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
NOTE: Due to a federal court order, USCIS will not begin accepting requests for the expansion of DACA on February 18 as originally planned. The court’s temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to request an initial grant of DACA or renewal of DACA under the original guidelines. Please check back for updates.