criminal record

What is DACA?

April 23, 2021

On June 15, 2012, the secretary of the Department of Homeland Security under the Obama administration announced a new immigration policy known as Deferred Action for Childhood Arrivals (DACA). This policy allows certain people who came to this country as children to request consideration of deferred action for a period of two years, subject to renewal. Those that qualify are also eligible for work authorization. However, it must be noted that DACA does not provide lawful status and does not establish a pathway to residency and citizenship. Who Qualifies for DACA? Those under the age of 31 as of June 15, 2012; Those who came to U.S. before their 16th birthday; 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. Those who have continuously resided in the U.S. since June 15, 2007, to the present; Those physically present in the U.S. on June 15, 2012, and at the time of the DACA request; Those who had no lawful status on June 15, 2012, meaning that: You never had lawful immigration status before June 12, 2012, or Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012; Those 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 Those who 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. A minor traffic offense will not be considered a misdemeanor for purposes of DACA. Driving under the influence is a significant misdemeanor regardless of the sentence. You can find detailed information in the Criminal Convictions section of the Frequently Asked Questions on USCIS.

Continue Reading →