Deferred Action for Childhood Arrivals, or DACA, provides certain undocumented immigrants brought to the United States as children renewable protection from removal and employment authorization for a period of two years.
To qualify for DACA, an immigrant must establish that she was under the age of 31 as of June 15, 2012; came to the United States before her 16th birthday; has continuously resided in the United States since June 15, 2007, up to the present time; was physically present in the United States on June 15, 2012, and at the time of making her request for DACA; had no lawful status on June 15, 2012; is currently in school, have graduated or obtained a certificate of completion from high school or GED certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
The fate of the DACA program is currently being litigated in the courts. As such, USCIS is currently only accepting applications for DACA renewal and not first time DACA applications. However, this may change in light of court rulings. If you are a prior or current DACA recipient, or if you never applied for DACA, you are encouraged to consult with an immigration attorney to determine your eligibility in light of the current DACA litigation taking place. The attorneys of the Franco Law Group are prepared to discuss your DACA eligibility, as well as to determine if you may be eligible for any other form of immigration relief.