DACA – Deferred Action for Childhood Arrival

As of August 15, 2012, USCIS started accepting individuals applications for Deferred Action for Childhood Arrivals. DACA decision is discretionary, and is decided case by case. If granted, the immigrant may also receive employment authorization.

Below are the qualifying requirements: 

1. Applicant is under 31 on June 15, 2012;
2. He/she must have came to the United States before reaching 16 years of age; 
3. He/she must have continuously resided in the United States since June 15, 2007 up to the present time;
4. He/she must have been physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS; 
5. He/she must have entered the U.S. without inspection before June 15, 2012, or his/hers lawful immigration status expired as of June 15, 2012; 
6. He/she is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and 
7. He/she has never been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

Please note that applicants with final order of removal, voluntary departure order, and who are currently in immigration process may apply for DACA if the above criteria are met.