Deferred Action Basics- First Time Applicants

Form I-821D is the request for Consideration of Deferred Action for Childhood Arrivals — better known as DACA. It’s used to request temporary relief from deportation by certain people who came to the United States as undocumented immigrant children.

Although it doesn’t provide a path to citizenship or even legal status, it is a very useful program which provides benefits for a two-year period that can also be renewed.

Qualified applicants:

• Are not removable from the United States
• Can obtain an Employment Authorization Document (work permit)

Not everybody is eligible for DACA relief. Here are the requirements. You:

• Were under 31 years of age as of June 15, 2012
• Came to the U.S. while under the age of 16
• Have continuously resided in the U.S. from June 15, 2007 to the present
• Entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012
• Were physically present in the U.S. on June 15, 2012, and at the time of making the DACA request
• Are currently in school, have graduated from high school, obtained a GED, or were honorably discharged from the Coast Guard or armed forces
• Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety

If you have been arrested or convicted of any crime or offense during your time in the United States, consult us before filing I-821D.

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