Written by attorney Elliot M.S. Yi

What are the Benefits of DACA (Deferred Action for Childhood Arrivals)? Who Can Apply?

What is DACA and what are its benefits?

DACA allows certain childhood arrivals who do not have lawful status in the U.S., to apply for a two year work permit and have their status deferred for that period of time. These permits do not grant any immigrant status but does allow an individual to legally work in the U.S., obtain a driver's license, and apply for a social security number. These are great benefits and the applicant can apply to renew the permit after two years.

Can I Apply for DACA?

There are certain eligibility requirements that you must meet in order to be eligible:

a) You must have been under the age of 31 as of June 15, 2012.

b) You must have entered the U.S. before your 16th birthday.

c) You must have continously resided in the U.S. since June 15, 2007, up to now.

d) You must have been physically present in the U.S. on June 15, 2012.

e) You must either have entered the U.S. without inspection before June 15, 2012 or your lawful status expired as of June 15, 2012.

f) You must be currently in school, graduated from high school, or obtained a G.E.D. certificate.

g) You must not have been convicted of a felony, significant misdemeanors, or three or more misdemeanors.

h) You must not pose a threat to national security.

If you answered in the affirmative to the above statements, then you are likely eligible to apply for DACA. However, please note that this is a discretionary form of relief and there is no guarantee of approval. Seeking the advice of an immigration attorney may be your best option before proceeding with this form of relief.

Disclaimer: The preceding information is for general informational purposes only and does not constitute legal advice. Nothing stated above creates a lawyer-client relationship.

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