In 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and met several guidelines would be able to request consideration of deferred action for a period of two years, subject to renewal.

This also meant that these candidates would be eligible for work authorization.

What is Deferred Action as outlined by the Secretary of Homeland Security? It is the use of prosecutorial discretion to defer removal action against an individual for a certain period of time. It is important to note- eligibility for DACA DOES NOT grant legal status; what it does provide is protection from deportation so long as you remain eligible.

So, what are these guidelines and requirements to be considered for DACA?

1  Were under the age of 31 as of June 15, 2012;

2  Came to the United States before reaching your 16th birthday;

3  Have continuously resided in the United States since June 15, 2007, up to the present time;

4  Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5  Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6 Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7 Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.


These requirements may seem straight forward, but in certain circumstances and as in any case regarding immigration status, they require a more in depth analysis. Moreover, there may be additional questions and concerns under the new Trump administration.  In order to be sure that you or your family member qualifies prior to applying or if you have questions regarding your renewal status, please contact our office, NorthPointe LawGroup, to speak with our immigration attorney at (704) 584-4111.