What Is Deferred Action for Childhood Arrivals (DACA)
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 Childhood Arrivals (DACA) 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.
Guidelines
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, meaning that:
- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of 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.
Age Guidelines
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:
| Your situation | Age |
|---|---|
| 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. |
Time-frame 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. Or I have obtained a GED. | Yes |
| I am currently enrolled in school. | Yes |
| I was in school but dropped out and did not graduate. I am not currently enrolled in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. | No |
| I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. | Yes |
Filing Process for DACA
If you meet the guidelines for DACA, you will need to complete the following steps to make your request to USCIS.
| Collect documents as evidence you meet the guidelines. You will need to submit supporting documents with your request for DACA. You can submit legible copies of these documents unless the instructions specify you must submit an original document. |
| Proof of identity | Passport or national identity document from your country of origin Birth certificate with photo identification School or military ID with photo Any U.S. government immigration or other document bearing your name and photo |
| Proof you came to U.S. before your 16th birthday | Passport with admission stamp Form I-94/I-95/I-94W School records from the U.S. schools you have attended Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear) Travel records Hospital or medical records Employment records (pay stubs, W-2 Forms, etc.) Official records from a religious entity confirming participation in a religious ceremony Copies of money order receipts for money sent in or out of the country Birth certificates of children born in the U.S. Dated bank transactions Automobile license receipts or registration Deeds, mortgages, rental agreement contracts 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 U.S. on June 15, 2012 | Rent receipts or utility bills Employment records (pay stubs, W-2 Forms, etc) School records (letters, report cards, etc) Military records (Form DD-214 or NGB Form 22) Official records from a religious entity confirming participation in a religious ceremony Copies of money order receipts for money sent in or out of the country Passport entries Birth certificates of children born in the U.S. Dated bank transactions Automobile license receipts or registration Deeds, mortgages, rental agreement contracts Tax receipts, insurance policies |
| Proof you continuously resided in U.S. since June 15, 2007 | |
| Proof of your student status at the time of requesting DACA | Official records (transcripts, report cards, etc) from the school that you are currently attending in the United States. U.S. high school diploma or certificate of completion U.S. GED certificate |
| Proof you are an honorably discharged veteran of the 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 |
Travel Information
Certain travel outside the United States may affect the continuous residence guideline. Traveling outside the U.S. before Aug. 15, 2012, will not interrupt your continuous residence if the travel was brief, casual, and innocent. If you travel outside the United States on or after Aug. 15, 2012, and before we decide on your request for DACA, you will not be considered for DACA.
The following chart explains whether your travel will affect your continuous residence.
| Travel Dates | Type of Travel | Does it Affect Continuous Residence |
|---|---|---|
| On or after June 15, 2007, but before Aug. 15, 2012 | brief casual innocent | No |
| For an extended time Because of an order of exclusion, deportation, or removal To participate in criminal activity | Yes | |
| On or after Aug. 15, 2012, and before you have requested DACA | Any | Yes. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case and you cannot travel until you receive advance parole. |
| On or after Aug. 15, 2012, and after you have requested DACA | Any | Yes. You cannot travel while your request is under review. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case. In addition, if you have previously been ordered deported and removed and you depart the United States without taking additional steps to address your removal proceedings, your departure will likely result in your being considered deported or removed, with potentially serious future immigration consequences. |
| On or after Aug. 15, 2012, and receiving DACA | Any | It depends. If you travel after receiving advance parole, the travel will not interrupt your continuous residence. However, if you travel without receiving advance parole, the travel will interrupt your continuous residence. |
Visit an Application Support Center (ASC) for biometric services.
After USCIS receives your complete request, we will send you a notice scheduling you to visit an ASC to for biometric services. If you fail to attend your ASC appointment, we may deny your request DACA. Children under 14 in removal proceedings, with a final removal order, or with a voluntary departure order, and who are not in immigration detention, will appear at the ASC for photographs only.
If USCIS Grants DACA and Employment Authorization in Your Case
If USCIS grants DACA and employment authorization in your case, you will receive a written notice of that decision. An Employment Authorization Document will arrive separately in the mail.
If USCIS Does Not Grant DACA in Your Case
If USCIS decides not to grant DACA in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.
We will apply our policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of notices to appear. If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, we will not refer your case to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.