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 U.S. 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 that explain a person may request consideration for DACA if the individual was under the age of 31 as of June 15, 2012; came to the United States before reaching his or her 16th birthday; has continuously resided in the United States since June 15, 2007, up to the present time; and was physically present in the United States on June 15, 2012 and at the time of making his or her request for consideration of deferred action with USCIS.

People who have final orders of removal or who are in proceedings DO NOT have a minimum age requirement. Applicants are required to show they have 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 may be eligible for advanced parole travel authorization that would allow them to return to the U.S., after short-term international travel.

Ware | Immigration serves 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; Florida; Seattle, Washington and Centennial, Colorado. Call 504-830-5900 or contact us online.