Applicants May Now Apply for Consideration of Deferred Action for Childhood Arrivals

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On August 15, 2012, USCIS began
accepting requests for Consideration of Deferred Action for Childhood
Arrivals (DACA). This new category of consideration is a discretionary
determination made by USCIS representatives to defer removal actions of
certain people. USCIS is considering DACA requests on an individual
basis. The process does not provide lawful status or a path to permanent
residency, but people whose cases are deferred will not be removed from
the United States for a two-year period. This time period is subject to
renewal; those who receive DACA may also be able to receive employment
authorization.

Individuals interested in being considered for this process will need
to establish certain eligibility requirements, including proof that:

  • You came to the U.S. prior to your 16th birthday
  • You have maintained continuous residency in the U.S. since June 15, 2007
  • On June 15, 2012, you were under the age of 31
  • You entered the U.S. without inspection before June 15, 2012, or your lawful immigrant status expired as of that date
  • You are either in school, have graduated or obtained a general
    educational development certification, or you are an honorably
    discharged veteran of the U.S. Coast Guard or Armed Forces
  • You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and are not otherwise a threat
  • You were present in the U.S. on June 15, 2012 and at the time when you make your request for DACA consideration.

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