The Obama administration in 2012 created a remedy for young immigrants who have no legal status named Deferred Action for Childhood Arrivals or DACA, allowing noncitizens who were brought to the United States as children and satisfied other legal requirements to apply for two years protection from deportation, removal and a work permit. Additionally, a DACA recipient stopped accruing “unlawful presence” which may be relevant as it pertains to applying for a visa or green card.
Basic Requirements for DACA Eligibility:
- You were under the age of 16 when you came to the United States to live
- On June 15, 2012, you were under the age of 31 implying you were born after June 15 1981
- You have continuously resided in the United States since June 15, 2007 up to the time of your application excluding any brief, casual and innocent departures
- You were physically present in the United States on June 15 2012, and physically present in the United States on the day you filed your application
- You were unlawfully present in the United States on June 15, 2012
- You are in school now unless absent due to emergency reasons, have graduated or earned a certificate of competition from an accredited high school, have obtained a GED certificate or are an honorably discharged veteran
- You have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not present a threat to national security or public safety
You must submit proof of each of the aforementioned when applying. Eligibility depends on meeting each and every listed criteria. If you are contemplating applying for DACA but have not yet applied, greatly consider your personal, immigration and criminal history including the risks of providing these details to the United States government.
Frequently Asked Questions About DACA
DACA recipients are granted:
- Temporary protection from deportation for two years, subject to renewal
- Work authorization, allowing you to legally work in the U.S.
- Social Security Number if you don’t already have one
- Access to certain benefits such as a driver’s license depending on your state’s laws
DACA is granted for two years. After that, you must renew your DACA status to maintain protection from deportation and continue working legally. Renewal requires submitting the same forms as the initial application, though the process may be simpler if your information has not changed.
Yes, you can lose DACA status if you:
- Commit a serious crime, such as a felony or significant misdemeanor
- Fail to renew your DACA before it expires
- Fail to meet the eligibility criteria
- Pose a threat to public safety or national security
No, DACA itself does not provide a direct path to permanent residency or citizenship. However, if you are eligible for another immigration status such as through family, employment, or asylum, you may be able to adjust your status while in the U.S. under DACA. You should consult with an immigration attorney to explore your options for permanent residency.
DACA recipients are not automatically granted permission to travel outside the U.S. If you wish to travel abroad, you must apply for Advance Parole before leaving. Without Advance Parole, leaving the U.S. may result in the loss of DACA status and a bar to re-entry.
As of 2024, DACA remains in place, but it has faced significant legal challenges. If DACA were to be terminated or modified:
- You could lose your temporary protection from deportation and work authorization
- You may be placed at risk of deportation unless you qualify for another form of relief or status
- USCIS would provide guidance on what actions DACA recipients should take
DACA recipients are not eligible for federal financial aid such as FAFSA or most public benefits. However, some states and institutions may offer state-based financial aid or benefits for DACA recipients, and DACA holders may qualify for private scholarships.
Yes, DACA recipients can legally work in the U.S. for the duration of their DACA status. You must apply for a work permit, Employment Authorization Document, which allows you to work for any employer in the U.S. while your DACA status is valid.
Generally, DACA applicants must have been under 31 years old on June 15, 2012. However, older applicants may be eligible for DACA under certain circumstances, such as if they met the other criteria, including continuous residence in the U.S. since before June 15, 2007. Legal advice is recommended if you are in this situation.
Yes, individuals in removal proceedings may still be eligible for DACA, but the process can be more complicated. If you are in proceedings, you may need to consult with an immigration attorney to help you navigate the DACA application or renewal process, especially if you are in court or facing removal.
DACA recipients cannot sponsor family members for immigration unless they adjust their status to a lawful permanent resident, i.e. Green Card holder or U.S. citizen. If you are interested in sponsoring family members, you should explore the path to legal permanent residency through family-based petitions.
DACA recipients cannot sponsor family members for immigration unless they adjust their status to a lawful permanent resident, i.e. Green Card holder or U.S. citizen. If you are interested in sponsoring family members, you should explore the path to legal permanent residency through family-based petitions.
If you need assistance with applying for or renewing DACA, or if you are facing complications related to DACA, it is advisable to consult with an immigration attorney or accredited representative.
Contact us if you are contemplating applying for DACA or need assistance with your DACA renewal. Our experienced attorneys can help evaluate your eligibility and guide you through the application process.