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Understanding DACA Requirements And Your Rights

Last updated on May 16, 2024

Created in 2012, Deferred Action for Childhood Arrivals (DACA) allows migrants to request the postponement of removal actions. DACA applies to migrants who came to the United States as children. Applicants must meet several requirements to request consideration of deferred action for a period of two years. Recipients must file renewals. Migrants can also request work authorization.

The DACA program contains many complexities, partly fueled by several court decisions and administrative changes. At Strait Law, P.C., our experienced lawyers are committed to protecting your rights and keeping families together. With offices in Hyattsville, Maryland, and Los Angeles, California, we help people nationwide with DACA applications and other complicated immigration issues.

Federal Guidelines For DACA Eligibility

Deferred action gives immigration officials discretion to defer removal action against an individual for a specified period. DACA is not a path to lawful permanent residency for undocumented immigrants, but it ensures migrants will not be separated from their loved ones.

To qualify for DACA, applicants must:

  1. Have arrived in the U.S. before turning 16 years old
  2. Have been 31 years old or younger by June 15, 2012
  3. Have lived in the U.S. continually since June 15, 2007
  4. Not have had lawful immigration status as of June 15, 2012
  5. Have been physically present in the U.S. on June 15, 2012
  6. Meet any of the following requirements:
    1. Currently enrolled in school
    2. Be a high school graduate or received a certificate of completion
    3. Received a general education development (GED) certificate
    4. Been honorably discharged from the Coast Guard or other U.S. Armed Forces branches
  7. Not have convictions for felonies, significant misdemeanors or three or more other misdemeanors

To seek DACA protections, applicants must file Form I-821D, Consideration of Deferred Action for Childhood Arrivals.

What Is The Status Of DACA?

After a key United States Supreme Court decision on the legality of DACA on June 18, 2020, and subsequent regulation changes by the Department of Homeland Security, the United States Citizenship and Immigration Services (USCIS) halted the processing of initial DACA applications.

That said, DACA remains available to individuals who have previously been granted DACA. This includes people who currently have DACA, had DACA at some point or had their DACA terminated. These individuals can submit a DACA renewal request.

Learn More About DACA Eligibility And The Application Process By Contacting Us

For the most up-to-date information on the DACA program and to determine if you qualify, please call the Marigold Law Center toll free at 323-714-0195 or email us to schedule a free consultation. We serve people nationwide from our offices in Hyattsville, Maryland, and Los Angeles, California.