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What is DACA and do I qualify for DACA?

Sacramento, CA |

I am 18 years old. I came to the United States when I was 12, back in June 2007 and stayed here ever since legally.
In 2010, my family applied for green card, we were placed under the EB2 category and our priority date is June 2010, we have been waiting for it a long time and still waiting.

I cannot work because I do not have SSN so I would like to give DACA a try. Now I want to know if I qualify for DACA? If I do, will it affect the process of getting my green card, my current EB2 status?

I apologize if this question is stupid or if I misunderstood what DACA is.


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Attorney answers 4


You appear to be a good candidate for DACA ... contact a lawyer.

It shouldn't impair your family's EB-2 papers.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


DACA is a deferred action program where certain childhood arrivals are granted a two-year stay of removal. These individuals may also qualify for employment authorization. It confers no further benefits. It provides no path to lawful permanent residence. You may qualify for DACA depending upon exactly what date you entered the United States. You will also need to meet several other criteria. You would be best advised to meet with an experienced immigration attorney to determine if you qualify and whether this would be a positive step for you.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654,, The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


Persons wishing to apply deferred action (DACA) must meet each of following criteria:
1.They must have come to the U.S. prior to their 16th birthday;
2.They must have continually resided in the U.S. for at least 5 years immediately before June 15, 2012 and must be present in the U.S. on that date;
3.They must have entered the U.S. without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
4.They must currently be in school, have graduated from high school, obtained a general education (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
5.They cannot have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
6.They must be under the age of 31 on June 15, 2012.

Please see

(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.


No question is a stupid question! Based on the information you provided you could be a great candidate for DACA. We need to ensure that you meet all of the residency requirements and that you do not have any criminal convictions that would make you ineligible. Contact our office at 916-613-3553 for our free special report on DACA.

This information is not, nor is it intended to be, legal advice. You can call us at 916-613-3553 to schedule a consultation. You should consult an attorney for advice regarding your individual situation and does not create an attorney-client relationship.

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