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What are the eligibility requirements for DACA?

eligibility for DACA renewalsThe Deferred Action for Childhood Arrivals (DACA) program offers employment authorization (work permit) and protection from deportation for certain people who qualify. The program is intended for undocumented immigrants who were brought to the United States by their parents when they were children. The DACA eligibility requirements can be a bit daunting for first-time applicants, but renewals are generally easier.

DACA Eligibility Requirements for Initial Applications

People who meet the following criteria may apply for initial consideration of deferred action for childhood arrivals (DACA):

  • are under 31 years of age as of June 15, 2012;
  • came to the U.S. while under the age of 16;
  • have continuously resided in the U.S. from June 15, 2007 to the present;
  • entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012;
  • were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
  • are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
  • have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety.

The Trump administration made attempts to wind down the DACA program in 2017. Although the Supreme Court blocked these efforts, the administration has defied the court ruling and will not accept any initial applications (for first-time applicants). If you believe that you meet the initial DACA eligibility requirements, please contact an immigration attorney for additional assistance. Individuals with a current grant of DACA should continue to renew their deferred action as required.

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Eligibility Requirements for DACA Renewal Applications

An individual may be considered for renewal of DACA if he or she met the guidelines for consideration of initial DACA (see above) and meets all the following guidelines:

  • Did not depart the United States on or after August 15, 2012 without advance parole;
  • Has continuously resided in the United States since he or she submitted his or her most recent request for DACA that was approved up to the present time; and
  • Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

Use our online application to check your eligibility for DACA renewal (no sign up or credit card required to check DACA eligibility requirements).

Source: USCIS