Can I apply for DACA?

A federal judge recently ordered the U.S. Immigration Service to again begin accepting new DACA applications. This means that certain undocumented immigrants who came to the United States as children can receive legal work permit and a social security number, usually for the first time in their lives. Some DACA recipients may also be able to eventually obtain a green card if they have a spouse or other relative who is a U.S. citizen or legal permanent resident who can file a petition for them.

The following are the five basic rules of the DACA program in the simplest terms possible to help most people figure out if they are eligible or not. If you are considering applying for DACA, I suggest that you speak with a lawyer about the specific details of your own case.

  1. DACA is only available to people who were 15 years old or less when they entered the country.

  2. It also only applies to people who first entered the United States before June of 2007 and have not left the U.S. at any time since June of 2012. Your DACA application must contain as much evidence as you can find that you have been present in the United States since those dates.

  3. DACA is only available to people who were born after June 15, 1981. If your birthday is before that date, you are not eligible to apply for DACA.

  4. You must have graduated from high school, or currently be enrolled in high school or a GED program.

  5. You must not have committed any serious crimes.

This is a very basic version of the rules, and if you have left the United States at any point since your first entry, or if you have ever been arrested, you should definitely consult with myself or another immigration attorney before applying.

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