Deferred Action for Childhood Arrivals (or DACA)

Temporary work authorization and protection from removal are available for some foreign nationals whose parents brought them to the U.S. as children and who have been raised in our country.  In general, an applicant must have entered into the U.S. before age 16, been born after June 15, 1982, have resided in the U.S. since June 15, 2007, and have graduated from high school, obtained a GED, or have at least enrolled in a GED course.  In addition, an eligible applicant must be at least 15 years old.  He or she must not have been convicted of a felony or a “significant misdemeanor” (such as driving under the influence, domestic violence, burglary, etc).

DACA status (with the temporary work permit) is approved for an initial two years and may be renewed in two year increments.  Note that a DACA recipient might then attempt to obtain a foreign travel permit known as “advance parole” but must not leave the U.S. unless a foreign travel permit is obtained with advice of counsel.

IMMLAW Attorneys who practice in this area include…