D.A.C.A. - Deferred Action for Childhood Arrivals program
Basic requirements to be eligible for DACA (please note, these are the current requirements and will change with President Obama's new, expanded DACA program so that more people may qualify):
Currently, to be eligible for DACA:
PRESIDENT OBAMA'S NEW, EXPANDED D.A.C.A. PROGRAM:
Who?
What?
When?
Currently, to be eligible for DACA:
- Current rule: Born on or after June 16, 1981
- ***New rule: no age limit. Therefore, a person born before June 16, 1981 may apply for DACA once the new program begins (approximately late February 2015).***
- Came to the United States before your sixteenth birthday.
- Current rule: continuously lived in the U.S. since June 15, 2007.
- ***New rule: Continuously lived in the U.S. since January 1, 2010***
- Present in the U.S. on June 15, 2012, and on every day since August 15, 2012.
- Not have a lawful immigration status. (To meet this requirement (1) you must have entered the U.S. without papers before June 15, 2012, or, if you entered lawfully, your lawful immigration status must have expired before June 15, 2012; and (2) you must not have a lawful immigration status at the time of your application.)
- Be at least 15 years old. If you are currently in deportation proceedings, have a voluntary departure order, or have a deportation order, and are not in immigration detention, you may request deferred action even if you are not yet 15 years old.
- Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, be an honorably discharged veteran of the Coast Guard or U.S. armed forces, OR, “be in school” on the date that you submit your deferred action application.
- Have not been convicted of a felony offense. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
- Have not been convicted of a significant misdemeanor offense or three or more misdemeanor offenses.
- Not pose a threat to national security or public safety. (for example, gang membership, participation in criminal activities, or participation in activities that threaten the U.S.)
- Pass a background check.
PRESIDENT OBAMA'S NEW, EXPANDED D.A.C.A. PROGRAM:
Who?
- Current DACA recipients seeking renewal & new applicants, including individuals born before June 15, 1981, who meet all other DACA guidelines.
What?
- Allows individuals born before June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
- Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.
- Extends the deferred action period and employment authorization to three years from the current two years.
When?
- Approximately 90 days following the President’s November 20, 2014, announcement. So, this program should begin accepting application approximately February 20, 2014.
Please note: This is general information and not intended to be used as legal advice. Every person's circumstances are different and you should contact a qualified immigration attorney for assistance. For your individual needs, please contact me by phone or email and I'll be happy to assist you.