Executive Actions - Deferred Action for Childhood Arrivals (DACA)
In August of 2012, the Obama Administration implemented the Deferred Action for Childhood Arrivals (DACA) program. DACA allows individuals who entered the U.S. as children and who met other qualifications to obtain temporary lawful status and formally avoid removal from the United States.
• Entered the U.S. prior to their 16th birthday;
• Have continuously resided in the U.S. since June 15, 2007 through the present;
• Were physically present with no lawful status in the U.S. on June 15, 2012;
• Have graduated from high school in the U.S., have obtained a GED certificate, are currently in school, or have been honorably discharged from the Coast Guard or Armed Forces of the U.S., AND
• 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.
In addition to meeting all of the above qualifications, individuals must be at least 15 years old to apply for Deferred Action and Employment Authorization. Individuals who are too young to apply will qualify when they turn 15 years old. Finally, you must have been under 31 years old on June 15, 2012. Please note that your age today does not matter, and there is no limit on the number of times you can renew your DACA. There is no aging out. The only upper age limit is that you had to have been under age 31 on June 15, 2012.
Since August of 2012, our firm has assisted many individuals in obtaining DACA status, which in turns allows individuals to obtain Social Security numbers and Wisconsin Driver’s licenses (if otherwise eligible). Once in DACA status, it is also possible to apply to travel internationally with a separate application for advance parole. In order to qualify for advance parole with DACA status, an individual must demonstrate a work, education, or humanitarian reason to travel. If you are married to a citizen and are otherwise eligible, traveling and returning on advance parole can provide a smoother road to permanent residency.
We work hard to assist our clients in analyzing their case, looking broadly at the big picture of their current and future options for status, and finding creative solutions for evidence issues. We do our best to ensure that our client’s application for DACA are well-prepared, and are able to respond to any issues with USCIS quickly and effectively.