New Program for Undocumented Immigrants who came to the United States as Children

Generally

Beginning on August 15, 2012, the US Citizenship and Immigration Service will accept applications for “Deferred Action for Childhood Arrivals” (DACA). Although this program does not lead to a green card, it will help undocumented foreign nationals whose applications have been approved, by deferring deportation for two years and allowing those with approved DACA applications to apply for permission to work in the US. This program is not for everyone. If a foreign national applies for DACA and is not approved, he or she may be deported from the US.

Eligibility Requirements

Applicant must be:

  1. Under the age of 31 as of June 15, 2012; and
  2. Came to the US before 16th birthday;
  3. Resided continuously in the US from June 15, 2007 to the present;
  4. Physically present in the US on June 15, 2012 and at the time of filing DACA application;
  5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  6. Currently in school, have graduated or obtained a certificate of completion from high school, have earned a GED or are honorably discharged from the US military service; and
  7. Not convicted of:

    a. Felony,

    b. Significant misdemeanor,

    c. Three or more misdemeanors, and

    d. Do not pose a threat to national security or public safety.

It is important for foreign nationals to understand the requirements and to make sure they are eligible to apply before filing an application. Read more about this program here.

PLEASE NOTE: Immigration law and regulations change frequently. In order to protect yourself you should make sure that you understand the laws and how they apply to you. If you have questions about your status, you should consult an expert. If you would like to be notified about recent changes to this website, or if you would like to receive Immigration Tips by email, please provide us with your email address. If you would like help from Ms. Chappell-Daly, please contact her.