On June 15, 2012, the Secretary of Homeland Security announced that specific individuals––who came to the U.S. as children and who meet several fundamental guidelines––may request consideration of deferred action for two years, subject to renewal. These individuals are also eligible for work authorization.
Deferred action is a discretionary determination to defer the removal action of an individual as an act of prosecutorial discretion. While deferred action does not provide an individual with lawful status, the individual is considered lawfully present in the U.S. for the deferral term.
WHO QUALIFIES FOR CONSIDERATION UNDER DEFERRED ACTION FOR CHILDHOOD ARRIVALS?
WHAT ARE THE REQUIREMENTS FOR CONSIDERATION FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS?
You qualify if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the U.S. before reaching your 16th birthday;
- Have continuously resided in the U.S. since June 15, 2007, up to the present time;
- Were physically present in the U.S. on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- 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 U.S.; and
- Have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
Applicants will have to provide documentary evidence of the above criteria. Also, every applicant must complete and pass a biographic and biometric background check.
Note: On December 5th, 2020, a federal judge ordered the government to restore DACA. This is a reversal of Trump’s July 2020 memo. This restores the renewal of 2 years for current DACA recipients. Finally, it allows DACA recipients to apply to travel outside of the US for educational, employment, or humanitarian reasons.