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Deferred Action for Childhood Arrivals = DACA

         v Some Commeon Frequently Asked Questions.

v Note there are many other questions and legal issues to be sorted out.  Contact an Attorney for assistance.


§Q1: What is deferred action?

Answer Q1: Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion

§Q2: Does deferred action provide me with a path to permanent residence status or citizenship?

Answer Q2: No. Only the Congress, acting through its legislative authority, can confer these rights. Doesn’t confer a pathway to Permanent Residence or Citizenship

§Q3: What is deferred action for childhood arrivals (DACA)?

Answer Q3: It’s for certain people who came to the United States as children and meet several key guidelines. They may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

§ Q4: If my removal is deferred pursuant to the consideration of deferred action for childhood arrivals process, am I eligible for employment authorization?

Answer Q4: Yes, pursuant to existing regulations.

§Q5: Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?

Answer Q5: This process is open to any individual who can demonstrate he or she meets the guidelines for consideration. As long as they are not in immigration detention

New DACA Eligibility Checklist, Pending Congressional Action: You Qualify if, YOU

ü Were under the age of 31 as of June 15, 2012.

ü Came to the United States before reaching your 16th birthday.

ü Have continuously resided in the United States since January 2010, up to the present time.

ü 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.

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

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

ü 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.


§ You will not be deported if you came out.

§ You will legally Work in the United States.

 § You will continuously stay in the US as long your papers are in order.