Deferred Action for Childhood Arrivals (DACA)
DACA is a program whereby certain people will not be placed in removal proceedings (deported) for a specific period of time if certain requirements are met. You may qualify for this deferred action if:
1) You arrived in the United States before reaching your 16th birthday.
2) You have resided (without interruption) in the United States since June 15, 2007.
3) You were under the age of 31 as of June 15, 2012. (The Obama administration issued an executive order removing this requirement. However, the Courts have currently barred its implementation as the appeals works their way through the system).
4) You never had a lawful immigration status on or before June 15, 2012, or any lawful immigration status or parole that you obtained had expired as of June 15, 2012.
5) You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained your GED, or you are an honorably discharged veteran of the Armed Forces or Coast Guard of the United States.
6) You have not been convicted of: a felony, significant misdemeanor or 3 or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
7) You were physically present in the United States on June 15, 2012 and at the time you apply for DACA.
Click here to view a DACA flyer prepared by U.S. Citizen and Immigration Services (USCIS).
Who Can Renew
You may request a renewal if you met the initial 2012 DACA guidelines and you:
- Did not depart the United States on or after Aug. 15, 2012, without advance parole;
- Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
- Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
When to Renew
USCIS strongly encourages you to submit your DACA renewal request between 150 days and 120 days before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document (EAD). Filing during this window will minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request.
Deferred Action for Parental Accountability (DAPA)
DAPA is a program commenced by the Obama Administration in 2014 for parents of USCs and LPRs. Qualifying for the program required continuous presence in the U.S. since since Jan. 1, 2010 and on Nov. 20, 2014 have a son or daughter who is a USC or LPR. Persons with enforcement priorities are not eligible. The program is currently enjoined by Texas v. U.S., 809 F. 3d 134 (5th Cir. 2015).
Deferred Action for Family Members of U.S. Military or Veterans
USCIS has been directed to consider, on a case by case basis, deferred action for now undocumented family members of U.S. military service members and veterans who would otherwise be eligible for parole in place, but who were inspected and lawfully admitted when they entered the U.S.