Deferred Action for Childhood Arrivals

Deferred action (DACA) is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time. Individuals filing Form I-821D must also file Form I-765, and worksheet Form I-765WS. It is available to applicants who arrived in the US under age 16, on a case-by-case basis, based on guidelines described in the Secretary of Homeland Security's memorandum issued June 15, 2012. There is a minimum age requirement of 15 years, individuals may age into the benefit as there is no deadline for deferred action. Further, people who have final orders of removal or who are in proceedings DO NOT have a minimum age requirement. Requests are required to show they are completed high school or a GED or are currently enrolled in school. USCIS has also indicated the GED requirement could be met by programs that lead to a GED (i.e. ESL courses) if the requester can make the argument that the program leads there. People who are granted DACA will likely be able to renew the deferred action as long as they show continued progress toward a high school diploma or GED and meet other requirements such as the lack of serious criminal convictions. Some people who are granted DACA mmay be eligible for advanced parole travel authorization that would allow them to return to the U.S, after short-term international travel.

Ware|Immigration. Serving family immigration needs across the nation and the world. We are available by appointment to meet with your family about immigration at our offices in the greater New Orleans area; Baton Rouge, Louisiana; Jackson, Mississippi; Birmingham, Alabama; Pensacola, Florida; and Seattle, Washington. Call 866-833-8308 or contact us online.