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Deferred Action
Deferred Action for Childhood Arrivals (DACA) is a type of relief from deportation that was created under the Obama administration in 2012. DACA grants qualified undocumented immigrants protection from deportation and a work authorization for two years, which can then be renewed every two years, as long as President Trump does not discontinue this program.
To be eligible for DACA, an applicant must meet the following requirements:
- must be 15 y.o. or older at the time of submitting a request, unless currently in removal proceedings or have a final removal or voluntary departure order;
- must have been under the age of 31 as of June 15, 2012;
- must have come to the United States before reaching the 16th birthday;
- must have continuously resided in the U.S. since June 15, 2007, up to the present time;
- must have been physically present in the United States on June 15, 2012, and at the time of making a request for consideration of deferred action with USCIS;
- must have had no lawful status on June 15, 2012;
- must be 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
- must have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and must not otherwise pose a threat to national security or public safety.
Please note that DACA does not grant a path to permanent residency or citizenship. It merely indefinitely defers deportation and allows undocumented immigrants to engage in lawful employment in the U.S., obtain a driver's license and social security number. Decision to grant DACA is discretionary and based on totality of circumstances. DHS has discretion to deny request even in the absence of the criminal history, or on the basis of a single criminal offense for which the individual was sentenced to time in custody of 90 days or less. Please call now to see if you qualify for DACA.
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