DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

What is DACA?

DACA is a form of Prosecutorial Discretion (PD) created by the U.S. Department of Homeland Security for certain people who came to the U.S. as children. Essentially, DACA protects certain individuals from being placed in Removal Proceedings, who otherwise would be subject to such action. Although it does not provide lawful status (or a path to a Green Card), it is valid for a period of 2 years, is renewable and provides DACA beneficiaries with work authorization during all times that the individual remains in valid DACA status. DACA eligibility is confined to a set of specific guidelines that must be proven through documentary evidence. Contact our experienced DACA lawyers in NYC today to find out if you are eligible to apply for DACA.

What are the Eligibility Requirements for DACA?

In order to be eligibile for DACA, you must provide evidence of all of the following:

As of June 15, 2012, you were under the age of 31;
You entered the U.S. before you turned age 16;
From June 15, 2007, until the present (the date that you file the application), you have continuously resided in the U.S.;
On June 15, 2012, you were physically present in the U.S.;
You are physically present in the U.S. on the date that you make your request for DACA (the date that you file the application);
On June 15, 2012, you were not in lawful immigration status (e.g., EWI, visa overstay or visa violater);
You have not been convicted of a felony, significant misdemeanor, or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety, AND;
Education requirement – You must prove 1 of the following:

You are a student who is currently enrolled in school;
You are a High School Gradute;
You have a General Education Development (GED) certifiate, OR;
You were honorably discharged from the U.S. Coast Guard or U.S. Armed Forces.

Contact Us today to find out if you are eligible for DACA!

Click here to learn how to get Employment Authorization with DACA