BREAKING NEWS: Per Judge order, DACA must stay and the government must accept new applications. Trump’s administration has 90 days to justify the end or the program or they will have to accept new applications by then. We are hopeful that in 90 days we can share the news of new DACA applications been accepted! Stay tuned! Our experienced immigration lawyers and staff will be ready to assist you.
To help determine whether or not you are eligible to apply for DACA you must satisfy all of the following criteria:
- You arrived in the United States Before before turning 16.
- You are over age 15 and were under the age of 31 on June 15, 2012.Normally you have to be at least 15 years old at the time of your DACA application in order to qualify for DACA. However, if you were, or currently are in removal proceedings or are subject to a final removal or voluntary departure order, then you can request DACA even if you are younger than 15.
- You are currently in school or obtained a high school diploma/GED certificate.
Another way to satisfy this requirement is to be enrolled in an education, literacy, vocational, or career training program that seeks to place students in postsecondary education, job training or employment, an English as a Second Language (ESL) program that is a prerequisite to enrollment in postsecondary education, job training or employment, or an educational program that is funded in whole or in part by federal or state grants or is of demonstrated effectiveness and assists students in obtaining a high school diploma or in passing a GED exam. There are a number of different documents that can be used to satisfy this requirement, such as confirmation letter from school, but no circumstantial evidence will be accepted under this criterion.
- You have continuously resided in the United States since June 15, 2007. If you were outside of the United States for brief, casual and innocent absences during this period, then you may still satisfy this criterion, but you will need to document the absence and the reasons for it.
- You were physically present in the united states on June 15, 2012 and at the time of filing your DACA application.
- You were without lawful immigration status on June 15, 2012.If you entered the United States without inspection or without a valid visa, then you satisfy this criterion. Alternately, if you entered the U.S. with a visa and had valid status at some point, but it expired before June 15, 2012, then you also satisfy this requirement.
- You have not been convicted of certain crimes. If you have no arrests or criminal history, then you satisfy this requirement. If you have been convicted of certain types of crimes, then you may not qualify for DACA based on those convictions. If you have any criminal history such as arrests and convictions, it is very important to obtain a full record of all of these convictions and have an attorney help you determine whether or not they will make you ineligible for DACA. For example, a DUI conviction disqualifies you from DACA eligibility.