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DACA criteria

Discussion in 'DACA' started by Ron Gotcher, Oct 16, 2012.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The DACA program offers temporary stability to certain individuals who are in the United States unlawfully. If you do not have legal status, but meet the criteria listed below, then you may ask for and receive "deferred action" classification. This means that the government will put you at the end of the line as far as trying to remove you from the country is concerned. In other words, after they remove eleven million other people first, they will then turn their attention to you. Effectively, this means that you are never going to get put in removal proceedings. In the meantime, they will give you work authorization and federal photo ID. In every other case where the president has done something like this, congress has eventually passed legislation allowing people in the program to get green cards.

    To qualify for DACA, you have to meet all of the following:

    1. You must have been younger than age 31 on July 15, 2012; and,
    2. You must have come to the United States prior to your 16th birthday; and,
    3. You must have continuously resided in the U.S. since June 15, 2007; and,
    4. You must have either entered unlawfully before June 15, 2012 or your I-94 status expired before June 15, 2012; and,
    5. You are currently in school, have graduated or received a certificate of completion from high school, obtained a GED, or are an honorably discharged veteran; and
    6. You have not been convicted of a felony, a "significant misdemeanor," three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety.

    If you meet all of these criteria, then you may apply to the USCIS by submitting the following:

    1. Form I-821D (Consideration of deferred action for childhood arrivals); and,
    2. I-765 (Application for employment authorization); and,
    3. I-765WS (Worksheet); and,
    4. Filing fee in the amount of $465 (Unless you qualify for the exemption).

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