DACA has been reinstated.

The DACA program is an open-door program for immigrants pursuing for the American dream.

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Deferred Action for Childhood Arrivals (DACA)

What is Deferred Action for Childhood Arrivals? 

  • Complete Details

     As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of two years, subject to renewal for a period of two years, and may be eligible for employment authorization.

  • You may request consideration of DACA if you:
    1. Were under the age of 31 as of June 15, 2012;
    2. Came to the United States before reaching your 16th birthday;
    3. Have continuously resided in the United States since June 15, 2007, up to the present time;
    4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
    5. Had no lawful status on June 15, 2012, meaning that:
    6. You never had a lawful immigration status on or before June 15, 2012, or
    7. Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
    8. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
    9. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Does my

situation qualify?

Frequently Asked Questions (FAQs)

Got a question? We’re here to help.
  • What is DACA?

    On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

    Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the DACA guidelines.


  • Is there any difference between “deferred action” and DACA under this process?

    DACA is one form of deferred action. The relief an individual receives under DACA is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.

  • If my removal is deferred under the consideration of DACA, am I eligible for employment authorization?

    Yes. Under existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.

  • If my case is deferred, am I in lawful status for the period of deferral?

    No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful status.

    The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, your period of stay is authorized by the Department of Homeland Security while your deferred action is in effect and, for admissibility purposes, you are considered to be lawfully present in the United States during that time. Individuals granted deferred action are not precluded by federal law from establishing domicile in the U.S.

    Apart from the immigration laws, “lawful presence,” “lawful status” and similar terms are used in various other federal and state laws. For information on how those laws affect individuals who receive a favorable exercise of prosecutorial discretion under DACA, please contact the appropriate federal, state or local authorities.


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