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Eligibility for Deferred Action

NOTE: Please visit the US Citizenship and Immigration Services website for the most current information on Deferred Action for Childhood Arrivals (DACA)


Those who demonstrate that they meet the criteria may be eligible to receive deferred action for a period of two years, subject to renewal. Each application will be reviewed on a case by case bases. To be eligible, individuals must:

  1. Have come to the United States under the age of sixteen;
  2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum:
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  5. Are not above the age of thirty.
  6. Individuals must also complete a background check and, for the process to be developed by USCIS, must be 15 years or older unless they are subject to a final order of removal. Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action.
  7. DHS and its components will implement a process by August 15, 2012 to allow eligible young people to request deferred action and employment authorization. In the meantime, individuals who believe they are eligible should not submit a deferred action request.
  8. Individuals who are not in removal proceedings or who are subject to a final order of removal will need to submit a request for a review of their case and supporting evidence to USCIS. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process. Individuals with questions or seeking more information on the new process may call the USCIS hotline or visit the USCIS website.
  9. For individuals who are in removal proceedings before the Executive Office for Immigration Review, ICE will, in the coming weeks, announce the process by which qualified individuals may request a review of their case. Additional information is available from the ICE Office of the Public Advocate.

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Last Updated: 06/28/2022
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