As noted on the USCIS site, on June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. On Aug. 30, 2022, DHS published the DACA Final Rule, with the intent to preserve and fortify the DACA policy. 

This rule, which puts into effect regulations at 8 CFR 236.21-236.25, rescinds and replaces the DACA guidance set forth in the 2012 Memorandum issued by Secretary Napolitano. A request for DACA may be granted only if USCIS determines in its sole discretion that you meet each of the following threshold criteria and merit a favorable exercise of discretion:

1. Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);

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 time of filing your request for DACA;

4. Were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA with USCIS;

5. Had no lawful immigration status on June 15, 2012, and at the time of filing your request for DACA, meaning that:

—  You never had a lawful immigration status on or before June 15, 2012, or
— Any lawful immigration status or parole that you obtained had expired as of June 15, 2012, and
— Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;

6. Are currently enrolled 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 United States Coast Guard or armed forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor (that is, a misdemeanor as described in CFR 236.22(b)(6)), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Age Guidelines

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012 (this means you must have been born on or after June 16, 1981). In order to navigate these provisions, if you have any questions regarding the above, contact our office to discuss your individuals needs and see how we can help and assist.