Individuals who meet the following criteria can apply for Deferred Action for Childhood Arrivals:

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• Are under 31 years of age as of June 15, 2012;

• Came to the U.S. while under the age of 16;

• Have continuously resided in the U.S. from June 15, 2007 to the present.

• Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;

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

• Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;

• Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and

• Do not pose a threat to national security or public safety.

 

Applicants will have to provide substantial documentary evidence of the above criteria. In addition, every applicant must complete and pass a biographic and biometric background check.

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DHS will deem as “significant” any misdemeanor involving any of the following, regardless of the sentence imposed:

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• burglary;

• domestic violence;

• sexual abuse or exploitation;

• unlawful possession of firearms;

• driving under the influence; or

• drug distribution or trafficking.

 

In addition, any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to an immigration detainer, will be deemed a significant misdemeanor.

Generally, in order to apply for DACA, an applicant must be at least 15 years of age at the time they apply. The exception to this rule is if the applicant is in removal proceedings, has a final order of removal or has an order of voluntary departure. If so, they can seek DACA even if they are below the age of 15.

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If the applicant was 31 years of age or older as of June 15, 2012 they are not eligible for DACA.

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If an applicant is not currently in school, but would like to re-enroll in high school, they could still qualify for DACA. To be considered “currently in school” USCIS will look to whether the applicant is enrolled at the time they submit the application. Many kinds of educational institutions or programs may be sufficient to meet the “school” requirement. The following information is pasted directly from the USCIS website:

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To be considered “currently in school” under the guidelines, you must be enrolled in:

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• a public or private elementary school, junior high or middle school, high school, or secondary school;

• an education, literacy, or career training program (including vocational training) that is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement;

• or an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a General Educational Development (GED) exam or other equivalent state-authorized exam.

 

A brief interruption in the he requirement to be in the U.S. continuously from June 15, 2007 to July 15, 2012 will not affect an applicant’s eligibility for deferred action if the absences from the U.S. are brief, casual, and innocent. Absences will be considered to be brief, casual and innocent if:

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• it was before August 15, 2012;

• it was short and reasonably calculated to accomplish the purpose of the absence;

• it was not because of an order of exclusion, deportation or removal;

• it was not because of an order of voluntary departure, or an administrative grant of voluntary departure before an applicant was placed in removal expulsion, deportation or removal proceedings;

• the purpose of the absence, or an applicant’s actions while outside of the U.S., were not contrary to law.