Are You Eligible for DACA? Review the Key Requirements

Marcela Knaup
Oct 9
3 min read

If you're wondering whether DACA (Deferred Action for Childhood Arrivals) applications will open up again, it's a good idea to start gathering your documents now. While new applications are currently on hold, staying informed and prepared is your best strategy! We understand the anticipation, and we're here to help you understand the essential criteria so you can be ready if DACA applications resume.

1. Age & Arrival: Your Timeline to DACA Eligibility

These two points are all about your journey to the U.S. and your age at specific times.

Age Check: You need to have been under 31 years old as of June 15, 2012. This means if your birthday falls on or after June 16, 1981, you generally meet this age requirement!
Arrival in Youth: You must have arrived in the United States before your 16th birthday. This speaks to your early years in the country.

2. Residence & Physical Presence: Showing Your Connection to the U.S.

DACA is designed for individuals who have established a continuous life in the U.S. This section clarifies those timelines.

Continuous Residency: You must demonstrate that you have been continuously living in the United States since June 15, 2007, up to the present day when you submit your request. This means no significant breaks in your residency here.
Physical Presence: You needed to be physically present in the U.S. on June 15, 2012, and again, still be physically present when you file your request.

3. Immigration Status: Your Status on Key Dates

This can sometimes be the most confusing part, but it's crucial. DACA is for those who lacked legal status during specific periods.

Unlawful Status on June 15, 2012: You must have been without lawful immigration status on June 15, 2012, and also at the time you file your DACA request.
Understanding "Unlawful Status":
- This means you never had legal status on or before June 15, 2012.
- OR, if you did have any temporary legal status (like a visa) or parole, it must have expired by June 15, 2012.
- Any legal status you might have obtained after June 15, 2012, must have expired before you apply for DACA.

4. Education & Military Service: Your Path Forward

DACA recognizes and supports individuals who are contributing to their communities through education or service. You only need to meet one of these criteria:

Currently Enrolled in School: You are actively attending school. (It's always a good idea to check USCIS guidelines for what qualifies as "in school" for DACA purposes).
High School Graduate: You have successfully graduated from high school and possess a diploma or a certificate of completion.
GED Holder: You have obtained a General Education Development (GED) certificate.
Honorable Military Service: You are an honorably discharged veteran of the U.S. Armed Forces.

5. Criminal History: The "Clean Record" Requirement

This is a strict requirement, emphasizing good standing in the community. You must NOT have been convicted of:

Any felony offense.
A "significant misdemeanor" (USCIS has specific definitions for what constitutes a significant misdemeanor, so it's important to understand these details).
Three or more "other misdemeanors" (again, specific definitions apply, but this typically refers to less serious offenses).

Ready to Prepare? Here's Your Next Step!

While we await further news on DACA applications, using this time to organize your documents is incredibly smart. Start gathering proof for each of these categories: birth certificates, school transcripts, utility bills, medical records, and any other documents that verify your presence and age.

Contact us if you have any inquires or concerns.