Deferred Action for Childhood Arrivals (DACA)
Deferred Action for Childhood Arrivals, otherwise known as DACA is an immigration policy started by former President Barack Obama in June 2012. DACA allows certain undocumented individuals who entered the United States as minors to receive temporary relief (deferred action) from deportation for a two-year period, while also receiving a renewable work-permit for the same amount of time. DACA is determined on a case-by-case basis, and it does not grant lawful status.
To apply, individuals must meet the following requirements:
- Must have entered the United States prior to her/his sixteenth birthday;
- Have continuously lived in the United States since June 15, 2007;
- Be attending school when applying, have graduated high school or obtained a general education (GED) certificate, or been honorably discharged from the United States Coast Guard or Armed Forces;
- Be under the age of 31 as of June 15, 2012, and have no lawful status;
- Have been physically present in the United States on June 15, 2012 (and at the time of the application);
- Must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and must prove to not pose a threat to the national security or public safety of the United States.
- Must be at least 15 years old when submitting the application; **
**The only exception to this rule is for those individuals who are in removal proceedings, have a final removal order, or have a voluntary departure order. Individuals under these circumstances can submit their application before turning 15 if they are not in immigration detention and they are under 31.
Documentation needed to demonstrate eligibility:
- Proof of identity: Valid passport issued by country of origin, birth certificate with photo, school or military ID with photo, or any U.S. government immigration or other document with individual’s name and photo;
- Proof of entry prior to 16th birthday: passport with admission stamp, form I-94/I-95/ I-94W, , any immigration and naturalization service or DHS document stating date of entry, school records, travel records, medical records, employment records, bank statements or dated bank transactions, deeds, mortgages or rental agreements, auto license receipts or registration,
- Official records from a religious entity confirming participation in a religious ceremony, copy of money order receipts for money sent in or out of the country, birth certificates of children born in the United States, tax receipts, insurance policies;
- Proof of immigration status: form I-94/I-95/I-94W with authorized stay expiration date, Final order of exclusion, deportation, or removal issued as of June 15, 2012, A charging document placing you into removal proceedings;
- Proof of presence in the U.S. on June 15, 2012 and continuous residence since June 15, 2007: rent receipts or utility bills, employment records (pay stubs, W-2’s), school records (letters, report cards), military records (Form DD-214 or NGB Form 22), Official records from a religious entity confirming participation in a religious ceremony, copy of money order receipts for money sent in or out of the country, passport entries, birth certificates of children born in the U.S., bank statements or dated bank transactions, auto license receipts or registration, deeds, mortgages or rental agreements, tax receipts, insurance policies;
- Proof of student status at time of application: Official U.S. school records (transcripts, report cards, etc.), U.S. high school diploma or certificate of completion, U.S. GED certificate.
- Proof of being honorably discharged veteran of the U.S. Coast Guard or Armed Forces of the U.S.: Form DD-214, Certificate of Release or Discharge from Active Duty, NGB Form 22, National Guard Report of Separation and Record of Service, Military personnel records, Military health records.
©Scott Global Migration Law Group, 2017