Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, the Secretary of Homeland Security announced that certain individuals who came to the United States as children may be eligible to request Deferred Action for Childhood Arrivals (DACA).
DACA provides protection from removal for a period of two years, subject to renewal, and also allows individuals to apply for work authorization. At this time, the U.S. Citizenship and Immigration Services (USCIS) continues to accept initial DACA requests; however, new requests are not currently being processed. Existing DACA approvals and related Employment Authorization Documents (EADs) remain valid until their expiration date, unless they are individually terminated.
Eligibility Guidelines
To be considered for DACA, individuals must meet all of the following requirements:
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Age Requirement: Were under the age of 31 as of June 15, 2012 (born on or after June 16, 1981).
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Entry Requirement: Came to the United States before reaching their 16th birthday.
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Continuous Residence: Have lived in the United States continuously since June 15, 2007, up to the time of filing.
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Physical Presence: Were physically present in the United States on June 15, 2012, and at the time of filing a request with USCIS.
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Immigration Status: Had no lawful immigration status on June 15, 2012, and at the time of filing. This means:
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They never held lawful status before June 15, 2012, OR
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Any lawful status or parole they previously held had expired on or before June 15, 2012, and
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Any lawful status after June 15, 2012, had expired or otherwise terminated before filing a request.
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Education or Military Service: Are currently in school, have graduated or obtained a certificate of completion from high school, have earned a General Educational Development (GED) certificate, or are an honorably discharged veteran of the U.S. Coast Guard or U.S. Armed Forces.
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Criminal Record: Have not been convicted of a felony, certain significant misdemeanors (as defined in 8 CFR 236.22(b)(6)), or three or more other misdemeanors, and do not pose a threat to national security or public safety.