Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) is a new administrative policy enacted by President Barack Obama on June 15, 2012. The program allows undocumented individuals who arrived in the United States as children to remain in the US. Although the Supreme Court struck down Deferred Action for Parental Accountability (DAPA) and expanded DACA for individuals over 31, the original DACA program announced in 2012 remains active.

DACA allows people to be lawfully in the US and work legally, and can also lead to lawful permanent residency for some, especially those married to US citizens or with US citizen children over 21. Those who are in removal proceedings or who have a voluntary departure order may still apply for DACA.

In order to qualify for DACA, a person must:

• Have arrived in the United States before they turned 16 years old.
• Have been under the age of 31 on June 15, 2012.
• Have lived in the United States continuously since January 1, 2010.
• Have been physically present in the United States on June 15, 2012 (the day the program was announced) until the application is filed.
• Not have legal status on June 15, 2012 or at the time of applying for DACA.
• Either be enrolled in school or a GED program or already have a high school diploma or GED.
• Not be previously convicted of a felony, a significant misdemeanor, or three or more misdemeanors.
• Not otherwise pose a threat to public safety or national security.

If you meet the above requirements, you may apply for DACA (though meeting all of the requirements does not guarantee approval). To apply, you must:

• Submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to the USCIS.
• Submit Forms I -765 and I-765WS for your work permit.
• Include two passport style photographs.
• Include copies of foreign passports and former visas.
• Include birth certificate (and translation).
• Include criminal record, including traffic violations.
• Include copies of school records, diplomas, and GED certificate if applicable.
• Include a copy of military records if applicable.
• Include proof that you entered the United States before age 16.
• Pay a filing fee of $465.

Not correctly filling out these forms or not including all evidence in your application could delay or adversely affect your DACA.

You are not required to have legal representation when applying for DACA. However, if you need assistance with your petition, or if you have a complicated case, we are here to help.