DACA: Do You Qualify for Deferred Action for Childhood Arrivals?

Learn who qualifies for DACA, how to renew your status, obtain work authorization, and understand your immigration options under USCIS guidelines. Our immigration attorneys can evaluate your case, identify potential issues, and help you prepare a strong DACA application or renewal.

Read about the New DACA Rules as of Sept., 5, 2017

What is the Deferred Action for Childhood Arrivals program for young immigrants or those who arrived in childhood that the President announced on June 15, 2012?

The Deferred Action for Childhood Arrivals program for young immigrants or those who arrived in childhood is a government program initiated by an executive or Presidential order that specifies that individuals who arrived in the United States as young people (under 16 years of age), and meet the eligibility requirements described below, will be granted Deferred Action or relief from removal from the United States or from being placed in removal proceedings. The initial Deferred Action will be for a period of 2 years, subject to renewal.

Additionally, recipients of Deferred Action may apply for a work permit if the person can demonstrate economic necessity. To apply, the individual must complete a criminal background check and be at least 15 years old, unless the person is subject to a final order of deportation, in which case the person may be younger. To be eligible, an individual must meet the following eligibility requirements:

• Be under 31 years of age as of June 15, 2012.
• Have arrived in the United States before reaching 16 years of age.
• Have continuously resided in the United States for at least five years before June 15, 2012, and have been present in the United States on that same date.
• Have been present in the United States on June 15, 2012, and at the time of requesting consideration for Deferred Action.
• Have entered without inspection before June 15, 2012, or their lawful immigration status expired on June 15, 2012.
• Be currently in school, have graduated from high school, have obtained a general education certificate (GED), or have honorably served in the Coast Guard or the Armed Forces of the United States; and
• Have not been convicted of a felony, a significant misdemeanor, multiple misdemeanors (see definitions of these offenses below), nor pose a threat to national security or public safety.

Does the Deferred Action policy for young immigrants or those who arrived in childhood apply to those who have a final order of deportation or those who are about to be removed?

Yes, if they meet the eligibility requirements for Deferred Action for young immigrants or those who arrived in childhood described above. Those who are about to be removed and are eligible should immediately contact the law enforcement support center hotline at: 1-855-448-6903 or the ICE public advocate’s office at: 1-888-351-4024.

How long will Deferred Action for young immigrants or those who arrived in childhood last?

Deferred Action for young immigrants or those who arrived in childhood will be granted for a period of 2 years and may be renewed.

What documentation do I need to present evidence that I qualify for the Deferred Action program for young immigrants or those who arrived in childhood?

Documentation proving that you have been physically present in the United States for at least 5 years, that you have been studying in school, have graduated, have a GED, or have served in the Coast Guard or Armed Forces, and that you arrived here before turning 16 years of age. Documentation may include, but is not limited to, financial records (i.e., bank or savings account statements, tax returns, etc.), medical records, school records (i.e., diplomas, grades, school transcripts, GED certificates, etc.), employment records (i.e., pay stubs, W-2s, etc.), and military records (i.e., separation forms, military personnel records, military health records, etc.).

Can I obtain a work permit with Deferred Action for young immigrants or those who arrived in childhood? How long does this permit last, and can it be renewed?

Yes. You may obtain work authorization if you demonstrate economic necessity. The work authorization is valid for one year and may be renewed.

Will I be subject to a criminal background check before receiving Deferred Action for young immigrants or those who arrived in childhood?

Yes. All applicants for Deferred Action for young immigrants or those who arrived in childhood must undergo a criminal background check through a biographic and biometric check (electronic fingerprint verification) before receiving Deferred Action.

What is considered being convicted of multiple misdemeanors that may make someone ineligible for Deferred Action for young immigrants or those who arrived in childhood under this policy?

Being convicted of three or more misdemeanors that did not occur on the same day and did not arise from the same act, omission, or scheme of misconduct.

What should I do if I have been involved in any criminal proceedings?

It is very important that before applying for Deferred Action for young immigrants or those who arrived in childhood, you have all your criminal records relevant to your case reviewed, including but not limited to police reports, court records and files, probation reports, etc. There are certain situations in which we can return to court to reopen a case and/or modify a disposition or sentence so that it does not generate a negative impact for immigration purposes and the person may qualify for the Deferred Action program.

Can immediate family members or dependents obtain Deferred Action for young immigrants or those who arrived in childhood?

No, only if they themselves meet the eligibility criteria for Deferred Action for young immigrants or those who arrived in childhood.

Will permanent legal status be granted to those who receive Deferred Action for young immigrants or those who arrived in childhood?

No. Deferred Action for young immigrants or those who arrived in childhood does not provide permanent legal status nor a path to it. Only Congress can create or modify the law to confer the right to permanent legal status.

Does this Deferred Action policy apply to those whose cases have been reviewed under the USCIS case-by-case review process and who were not offered administrative closure, or who accepted or declined an offer of administrative closure?

Yes, if they meet the eligibility requirements for Deferred Action for young immigrants or those who arrived in childhood mentioned above.

If Deferred Action for young immigrants or those who arrived in childhood is denied, will the person be placed in removal or deportation proceedings?

Individuals who are denied Deferred Action for young immigrants or those who arrived in childhood will be referred to ICE only if they have a criminal conviction record or if fraud is discovered in the application. ICE will apply its existing guidance for the notice to appear that governs the referral of cases from USCIS to ICE.

Will exceptions be made for the requirement that an individual must have resided in the United States for at least 5 years?

Short and innocent absences will not violate this requirement. If you were absent from the U.S. for any period of time, your absence will be considered brief, casual, and innocent if it occurred before August 15, 2012, and:

• The absence was short and reasonably calculated to accomplish its purpose.
• The absence was not due to an order of exclusion, deportation, or removal.
• The absence was not due to an order of voluntary departure or an administrative grant of voluntary departure before being placed in exclusion, deportation, or removal proceedings.
• The purpose of the absence and/or your actions while outside the U.S. were not contrary to the law.

If I received Deferred Action for young immigrants or those who arrived in childhood, will I be allowed to travel outside the United States?

This may be possible only if you are approved for advance parole, which you may apply for after you have been granted Deferred Action for young immigrants or those who arrived in childhood. Under no circumstances should you travel after August 15, 2012, and before you are granted advance parole, as you will not be considered for deferred action under this process.

Note: If you are in unlawful status and/or in removal proceedings and you leave the U.S. without having been granted advance parole, you will be considered to have removed yourself and will be subject to any applicable grounds of inadmissibility if you decide to return to the United States.

Can the denial of Deferred Action for young immigrants or those who arrived in childhood be appealed?

No, but there will be a review process that may be requested if it is believed that the case was denied due to USCIS error.

What steps will ICE and USCIS take to prevent fraud in the Deferred Action process for young immigrants or those who arrived in childhood?

Any person who knowingly provides incorrect information or omits facts to USCIS or ICE to obtain Deferred Action for young immigrants or those who arrived in childhood or a work permit will be treated as an immigration security priority and will be subject to criminal proceedings and/or deportation from the United States.

To review your immigration options, including DACA, schedule an appointment with one of our experienced immigration lawyers by calling: 617-303-2600 (ext. 0) or completing our online consultation request.