Commonly  referred to as “DACA” or the Presidential policy that covers “DREAMers.”   An individual who applies for consideration for deferred action for childhood arrivals must meet the following requirements:

 

• Is under the age of 31 as of June 15, 2012;

• Came to the United States before reaching their16th birthday;

• Have continuously resided in the United States since June 15, 2007, up to the present time; 

• Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with United States Citizenship and Immigration Services (USCIS);

• Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;

• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

• Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 

While these are the general requirements of DACA, it is still necessary to speak to an attorney before making an application to ensure eligibility.  One of the great benefits of an application for Deferred Action for Childhood Arrivals is an application for employment authorization or a work permit.