Consideration of Deferred Action for Childhood Arrivals (DACA)

What Is DACA

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization and temporary protection from deportation. Deferred action does not provide lawful status.

In 2012, President Obama issued the DACA executive order after the Development, Relief and Education for Alien Minors (DREAM) Act did not pass in Congress several times. The young people impacted by DACA and the DREAM Act are often referred to as “Dreamers.”

Requirements

You may request DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. 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;
  5. Had no lawful status on June 15, 2012;
  6. 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
  7. 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.

Filing Process for DACA

  1. Collect documents of Proof:
    • Proof of identity
    • Proof you came to the U.S. before your 16th birthday
    • Proof of immigration status
    • Proof of presence in U.S. on June 15, 2012
    • Proof you continuously resided in U.S. since June 15, 2007
    • Proof of your student status at the time of requesting DACA
    • Proof you are an honorably discharged veteran of the Coast Guard on Armed Forces of the U.S.
  2. Complete the required forms and worksheet
  3. Mail your forms to the appropriate USCIS Lockbox
  4. Visit an Application Support Center (ASC) for biometric services
  5. Check the status of your request online.

If you have any questions please do not hesitate to contact us at the Office.  We are here to help.  

Currently the DACA program is under extreme stress due to multiple legal challenges still making their way thru courts. Eligibility to apply now depends on the State you live in as well as your DACA history. Please check with us for the most current and up to date information as to whether you are qualified to apply for DACA.

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