Deferred Action for Childhood Arrivals (DACA)

****Attention: This program remains in effect as originally announced in 2012. The litigation regarding President Obama’s November 2014 executive action has no effect on the original DACA program. If you are eligible to renew or apply for the first time you should continue to do so.****

Deferred Action For Childhood ArrivalsOn June 15, 2012 President Obama announced a new program to benefit immigrants brought to the United States as children. This program offers a status known as deferred action to those who qualify. Deferred action allows a person to obtain a work permit valid for two years. Additionally, once a person is approved for deferred action, they may continue to renew the status every two years provided they continue to meet the requirements.

MyRights Immigration Law Firm has helped thousands of applicants apply and be approved for deferred action for childhood arrivals. Please schedule an appointment to discuss your individual case with one of our immigration attorneys.

Deferred action for childhood arrivals is not passage of the DREAM Act and the status will not convert to permanent residence unless a new immigration law is passed. However, obtaining the currently available benefit may put a person in a better position for future immigration reform and opens opportunities to obtain lawful permanent residence through strategies such as advanced parole to obtain lawful entrance and then adjustment of status.

Deferred ActionTo be eligible for Deferred Action for Childhood Arrivals a person must:

  1. Have entered the United States prior to turning 16 years old;
  2. Have been under 31 years old on the day the program was announced;
  3. Have graduated high school, obtained a GED, or be currently in school;
  4. Have five years of continuous presence immediately prior to the announcement (June 15, 2007 to June 15, 2012); and
  5. Not be convicted of certain criminal offenses.

If a person is eligible they must submit form I-821D with all supporting evidence. Evidence should include documents demonstrating that the applicant meets the above requirements and that the applicant deserves the benefit.

Additional Resources

USCIS Frequently Asked Questions on DACA

Form I-821D