Because the person is not undocumented, he does not meet the following criteria:
Were under the age of 31 as of June 15, 2012;
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 present time;
4. 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;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. 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
7. 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.
Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
DACA has different criteria
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DACA is only available to aliens who are unlawfully present in the United States. If the alien in question has been maintaining lawful F-2 status then he is unfortunately not eligible, as ironic as it may seem. This is one of the inequities of our immigration system and why comprehensive immigration reform is needed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
You cannot apply for DACA if you are in lawful nonimmigrant status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
DACA is only a temporary immigration benefit (two years, subject to renewal) for undocumented young immigrants who have no other way to work legally in the United States. Your friend is actually in better shape than most DACA recipients because he is in legal status. His best bet is to try to enroll in a college program after high school and apply for his own F-1 visa.