What are the DACA Guidelines?

The deferred action for childhood arrivals program, or DACA, was created in 2012 to allow certain immigrants who can to the U.S. as children to continue to live and work in the country. If certain requirements are met, they may stay for two years and the deferred action may be renewed after this time. In November 2014, President Obama extended the DACA authorization to three years.

DACA can be requested if you:

  • Were under 31 years of age as of June 25, 2012
  • Arrived in the U.S. before turning 16
  • Lived continuously in the U.S. since June 15, 2007
  • Were physically present in the U.S. on June 15, 2012 and upon making your DACA request
  • Had no legal status as of June 15, 2012
  • Have no felony convictions, significant misdemeanors, and do not pose a threat to public safety
  • Are enrolled in school, have graduated or earned a certificate of completion of high school, or were honorably discharged from the military

How can I apply for DACA?

You will first need to submit relevant documents with your DACA request which substantiate that you meet the above qualifications. Next you will need to file Form I-821D, I-765, and I-765WS and pay the $465 fee.

Your next step after U.S. Citizenship and Immigration Services (USCIS) receives your forms and fee is to visit an Application Support Center, or ASC, for biometric services such as fingerprinting.

A felony will disqualify you for DACA consideration. Significant misdemeanors is any offense which resulted in between five days and less than one year in prison and was violent in nature (such as domestic violence, burglary, DUI, etc.), or if non-violent, the sentencing was more than 90 days.

Minor traffic offenses are not taken into consideration for DACA.

If you would like to be considered for deferred action, our New York immigration attorney can go over the requirements and decide if you are eligible and if so, can navigate the process with you so you apply correctly and in time. Call us today for a free consultation!

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