Deferred Action Childhood Arrivals (DACA) Guidelines Overview

Deferred Action Childhood Arrivals (DACA) Guidelines:

You may request 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;
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.

Age GuidelinesAnyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:[custom_table style="2"]

Your situation	Age
I have never been in removal proceedings, or my proceedings have been terminated before making my request.	At least 15 years old at the time of submitting your request and under the age of 31 as of June 15, 2012.
I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.	Under the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.

[/custom_table][whitespace height="30"]Timeframe for Meeting the Guidelines[custom_table style="2"]

You must demonstrate
That on June 15, 2012 you	As of the date you file your request you
·  Were under the age of 31 years·  Were physically present in the United States·  Had no lawful status	·  Have resided continuously in the U.S. since June 15, 2007;·  Had come to the United States before your 16th birthday·  Were physically present in the United States; and·  Are in school, have graduated from high school in the United States, or have a GED; or·  Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

[/custom_table][whitespace height="30"] Education and Military Service Guidelines[custom_table style="2"]

Your school or military status at the time of requesting DACA	Meet education or military service guidelines for DACA
I graduated from:·  Public or private high school; or·  Secondary school.Or·  I have obtained a GED.	Yes
I am currently enrolled in school.	Yes
I was in school but dropped out and did not graduate. I am not currently in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.	No
I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.	Yes

[/custom_table][whitespace height="30"]If USCIS Grants DACA in Your CaseIf 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 Does Not Grant DACA in Your CaseIf USCIS decides not to grant DACA in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will apply their policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of notices to appear. If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, USCIS will not refer your case to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.Travel InformationCertain travel outside the United States may affect the continuous residence guideline. Traveling outside the U.S. before Aug. 15, 2012, will not interrupt your continuous residence if the travel was brief, casual, and innocent. If you travel outside the United States after Aug. 15, 2012, and before USCIS decides your request for DACA, you will not be considered for DACA.The following chart explains whether your travel will affect your continous residence.[custom_table style="2"]

Travel Dates	Type of Travel	Does it Affect Continuous Residence
On or after June 15, 2007, but before Aug. 15, 2012	·  brief·  casual·  innocent	No
	·  For an extended time·  Because of an order of exclusion, deportation, or removal·  To participate in criminal activity	Yes
After Aug. 15, 2012, and before you have requested DACA	·  Any	Yes. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case and you cannot travel until you receive advance parole.
After Aug. 15, 2012, and after you have requested DACA	·  Any	Yes. You cannot travel while your request is under review. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case.In addition, if you have previously been ordered deported and removed and you depart the United States without taking additional steps to address your removal proceedings, your departure will likely result in your being considered deported or removed, with potentially serious future immigration consequences.
On or after Aug. 15, 2012, and receiving DACA	·  Any	It depends.  If you travel after receiving advance parole, the travel will not interrupt your continuous residence.  However, if you travel without receiving advance parole, the travel will interrupt your continuous residence.

[/custom_table]Once USCIS has approved your request for DACA, you may file an Application for Travel Document to request advance parole to travel outside of the United States. If you travel outside the United States without first receiving advance parole, USCIS will automatically terminate your DACA.