Deferred Action for Early Childhood Arrivals (DACA)

Deferred Action

Deferred Action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. On June 15, 2012, the Secretary of Homeland Security announced that certain individuals who entered the United States as children, and satisfy several qualifying factors, may request consideration of deferred action for a period of two years, subject to renewal. Deferred action does not provide an individual with lawful status, however would provide the benefit of employment authorization.

An individual may request consideration of deferred action for childhood arrivals if they meet the following qualifications:

  • Are under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching their 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, and up to the present time;
  • Were physically present in the United States on June 15, 2012, as well as at the time of making their request for consideration of deferred action with USCIS;
  • Entered without inspection before June 15, 2012, or their lawful immigration status has been expired since June 15, 2012;
  • Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) Certificate, or the applicant is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • They have not been convicted of a felony, “significant” misdemeanor, three or more other misdemeanors, and they do not otherwise pose a threat to national security or public safety.

At Slowik & Robinson we have experienced attorneys to help you obtain Deferred Action. Call or email us to schedule a consultation to discuss whether you qualify for Deferred Action.