You must demonstrate That on June 15, 2012, you

Have not been convicted of a felony, significant misdemeanor (that is, a misdemeanor as described in 8 CFR 236.22(b)(6)), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.Īnyone 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).

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.

Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA.

Any lawful immigration status or parole that you obtained had expired as of June 15, 2012, and.

You never had a lawful immigration status on or before June 15, 2012, or.

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

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

Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA.

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

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

14, 2022 was extended by the district court to the DACA final rule, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule.Ī 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: Court of Appeals for the Fifth Circuit, and on Oct. District Court for the Southern District of Texas, which was affirmed by the U.S. Please note: While a July 16, 2021, injunction (PDF, 401.59 KB) from the U.S. You may request DACA for the first time or renew your existing period of DACA if it is expiring. This page provides information on requesting Consideration of Deferred Action for Childhood Arrivals (DACA).

Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal. We will also continue to accept initial DACA requests, but in accordance with the District Court’s order, we will not process initial DACA requests.Ĭurrent valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022.

However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order (PDF, 1.35 MB) and Supplemental Order of Injunction (PDF, 72.53 KB).Īccordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated.

District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original Jinjunction and order of vacatur to cover the Final Rule.

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