Handling Deferred Action for Childhood Arrivals (DACA) Cases
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 two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. Our attorneys at Tadmor & Tadmor, LLP provide assistance with DACA matters from our Newton Center and Worcester, Massachusetts, office locations.
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- 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;
- Had no lawful status on June 15, 2012;
- 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
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
An individual who currently has DACA or was previously granted DACA can request a renewal. You can request to renew your DACA if you:
Currently hold DACA;
Had DACA but it expired, or
Had DACA but it was terminated by USCIS or ICE.
If you have never applied for DACA or you applied for DACA, but it was not approved, you are not eligible for DACA at this time. USCIS is not approving new cases.