On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th 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 your request for consideration of deferred action with USCIS;
- Had no lawful status on 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,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:
|I have never been in removal proceedings, or my proceedings have been terminated before making my request.
||At least 15 years old at the time of submitting your request and under the age of 31 as of June 15, 2012.
|I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.
||Under the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.
Timeframe for Meeting the Guidelines
You must demonstrate
|That on June 15, 2012 you
||As of the date you file your request you
- Were under the age of 31 years
- Were physically present in the United States
- Had no lawful status
- Have resided continuously in the U.S. since June 15, 2007;
- Had come to the United States before your 16th birthday
- Were physically present in the United States; and
- Are in school, have graduated from high school in the United States, or have a GED; or
- Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
Education and Military Service Guidelines
|Your school or military status at the time of requesting DACA
||Meet education or military service guidelines for DACA
| I graduated from:
- Public or private high school; or
- Secondary school.
- I have obtained a GED.
|I am currently enrolled in school.
|I was in school but dropped out and did not graduate. I am not currently in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
|I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.