Deferred Action For Childhood Arrivals (DACA)

The injunction against Expanded DACA and Deferred Action for Parental Accountability (DAPA) does not affect the existing DACA Program.

To qualify under the existing DACA program, an individual must meet all of the following criteria: 

• have come to the U.S. before reaching his/her 16th birthday;
• have been under age 31 on June 15, 2012;
• have maintained continuous residency in the U.S. since June 15, 2007 to today;
• have been physically present in the U.S. on June 15, 2012;
• have been in unlawful status on June 15, 2012;
  either be enrolled in school, obtained a G.E.D. certificate, have graduted from high school, or have been an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.;
• have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors;
• does not pose a threat to national security or public safety.

We assist in determining whether the type of education qualifies (e.g. ESL classes).  We also assess whether a “conviction” is truly a conviction under immigration law (e.g. pre-trial diversion), whether the conviction is for a  “significant misdemeanor,” and/or whether the client actually has “three or more misdemeanors.”  We also provide an extensive list of documents to help the client prove continuous residency and physical presence.