Deferred Action

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a prosecutorial discretion measure to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status

Commonly Asked Questions

How do I qualify for DACA?

You may request DACA status 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;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
What is the process of applying for DACA?

After submission of your DACA application, if the United States Citizenship and Immigration Services (“USCIS”) grants DACA and employment authorization in your case, you will receive a written notice of that decision. An Employment Authorization Document will arrive separately in the mail.  If USCIS decides not to grant DACA in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.  

How to renew DACA?

If your initial two-year grant of Deferred Action for Childhood Arrivals (DACA) is expiring, you may request a renewal. USCIS strongly encourages you to submit your DACA renewal request between 150 days and 120 days before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document (EAD).  Filing during this window of time, you will minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request.

You may request a renewal if you met the initial DACA guidelines and you:

  • Did not depart the United States on or after Aug. 15, 2012, without advance parole;
  • Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
  • Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.