DACA (DEFERRED ACTION
FOR CHILDHOOD ARRIVALS)

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. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

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.


Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order. If you are in removal proceedings, have a final removal order, or have a voluntary departure order, and you are not in immigration detention, you must be under the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.

There are many factors that should be considered before you apply for DACA, and detailed documentation is required. Armstrong Law Offices PLLC can evaluate your case to determine whether you are eligible and how best to proceed.

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