Deferred Action for Childhood Arrivals (DACA) is an essential program in the United States. It was created in 2012 to help young immigrants brought to the country as children. For many students and graduates, DACA protects them from deportation. Additionally, it allows them to apply for work authorization.
DACA does not offer a direct path to citizenship. However, it allows young people to build stable lives and pursue education. Qualifying for DACA is not automatic. The program has strict requirements that you must meet to qualify for the status. The requirements focus on age, residency, education, and conduct.
These regulations set a particular standard for applicants. As an immigrant student or graduate considering an application for DACA, you need the insight of a reputable immigration lawyer. Your attorney will assist you in collecting all the necessary documentation to establish eligibility. Also, they will offer the legal insight you need throughout the application process.
Qualifications for Deferred Action as an Immigrant Student or Graduate (DACA)
Not every immigrant student or graduate qualifies for Deferred Action for Childhood Arrivals. The program has specific eligibility requirements. To qualify, an applicant must meet all conditions without exception. Each requirement limits the program to a narrow group of individuals. They include:
Age Rules
Age is one of the first eligibility conditions for students and graduates seeking the DACA status. As of June 15, 2012, you must have been under 31. The rule sets a fixed cut-off date that cannot be waived. If you were 31 or older on that date, you cannot qualify, even if you meet other conditions.
Besides, you must have entered the United States before your sixteenth birthday. The rule is strict, and entering the country at 16 or later disqualifies you. The program was designed for those who entered the country as children. Therefore, the government uses these rules to define who qualifies.
You must meet both age rules before applying for the status. It is not enough to meet only one of them. If you were under 31 in 2012 but entered at 16, you do not qualify. If you entered young but were already 31 in 2012, you also do not qualify.
Continuous Residence
Residence also determines whether an immigrant student or graduate qualifies for DACA. You must prove long-term and continuous residence in the United States. The law requires you to have lived in the country since June 15, 2007. It means you cannot have moved away for long periods or established residence elsewhere. The government expects a consistent and steady presence in the United States.
You must have been physically present in the country on June 15, 2012. Also, you must still be present in the United States when you file your DACA application. Short, casual, or innocent trips abroad may not disqualify you from the program. The continuous residence requirement limits eligibility to people who have built their lives in the United States. It excludes those who came later or who spent long periods away.
Criminal History
The rule on criminal history is one of the strictest parts of the DACA program. Immigrant students and graduates who want to apply must pass a background check. Certain crimes will make an applicant ineligible, even if they meet all the other requirements.
The most serious disqualifier is a felony conviction. A felony is a crime that carries a sentence of more than one year in prison. Examples of disqualifying felonies:
- Drug trafficking
- Burglary
- Violent crimes
Another disqualifier is having a significant misdemeanor. A misdemeanor is less severe than a felony. However, the United States Citizenship and Immigration Services (USCIS) treats some misdemeanors as “significant.” They include:
- Domestic violence
- Sexual abuse or exploitation
- Unlawful firearm use
- Driving under the influence (DUI)
Three or more non-significant misdemeanors can also lead to denying your DACA application. These are more minor offenses, such as:
- Petty theft
- Disorderly conduct
- Certain traffic violations
Beyond specific crimes, DACA applicants can also be denied if they threaten national security. This can include:
- Gang involvement
- Terrorism-related activity
- A pattern of violent behavior
Not all arrests or charges lead to ineligibility for DACA. USCIS considers convictions and not allegations or arrests. You should seek legal advice before filing if you have a criminal history.
Immigration Status on June 15, 2012
Your immigration status on June 15, 2012, also controls eligibility for DACA. You must have had no lawful status on that date. The rule is clear and allows no exceptions. The condition applies if you entered the country without inspection. It also applies if you entered legally on a visa, but the visa expired before June 15, 2012.
If your visa or other lawful status was still valid on June 15, 2012, you cannot apply for DACA. The requirement draws a line between people who lost status or never had it and those who still had lawful status. It ensures that DACA is only for those undocumented by that specific date.
Education or Military Service
Education or service is at the center of eligibility for immigrant students and graduates. You qualify if you meet at least one of the following conditions:
- You are currently enrolled in school.
- You have graduated from high school.
- You have earned a GED certificate.
- You served in the U.S. Coast Guard or Armed Forces and received an honorable discharge.
If you are currently in school, enrollment must be in a recognized program. This includes public or private elementary, middle, or high schools. It also provides adult education programs that lead to a diploma or recognized equivalent. Literacy or career training programs that prepare students for the GED exam also count. However, they must be state-approved. Informal programs or unrecognized classes do not satisfy the rule.
Graduates can qualify by showing evidence of completion. A U.S. high school diploma or a GED certificate meets the requirement. Military service is another way to qualify for DACA. You must have served in the U.S. Armed Forces or the U.S. Coast Guard with an honorable discharge.
Dishonorable or other forms of discharge are not accepted. Veterans, in this case, must provide official discharge records. The requirement ensures that applicants have pursued education in the United States or served in the military. Also, it shows a commitment to building a future in the country.
Physical Presence at Application
Applicants of the DACA program must be physically present in the United States at the time of filing. The requirement is separate from the rule about being present on June 15, 2012. Your application will be denied if you try to apply outside the country.
You must Provide Evidence to Prove Eligibility.
Every rule that shows that you qualify for DACA must be supported with evidence. You cannot rely on statements alone. Acceptable forms of evidence include:
- Birth certificates or passports can serve as proof of identity and age.
- Documents such as school records, transcripts, diplomas, or GED certificates can prove education.
- Enrollment letters should show current school attendance.
- Bills, leases, tax forms, pay stubs, or medical records can indicate continuous residence.
- Documents such as military discharge papers serve as proof of honorable service.
- Court records are used to document criminal history.
The government requires documentation that covers every period. Gaps in evidence can raise doubts that could lead to denial.
Special Considerations for Students
DACA enables immigrant students to pursue higher education and career pathways. Many colleges do admit DACA beneficiaries and charge them in-state fees. DACA work permits also would allow students to gain work experience while they study. Students must be currently enrolled or have attained a GED.
You may lose eligibility if you drop out of school and do not pursue further education. Schools play an essential role in guiding immigrant students through the process. Counselors, teachers, and legal aid organizations can help students meet education-related requirements.
Special Considerations for Graduates
Graduates who qualify for DACA can use it to begin careers in their fields of study. With work authorization, they can legally seek jobs. Graduates must still meet the age and residency requirements. Some documents you can use to prove continued eligibility include transcripts and diplomas.
Some graduates may continue into advanced education, using DACA to gain internships or professional licenses. DACA does not provide federal financial aid. However, it provides graduates more opportunities than they would have without protection.
Renewal Eligibility
DACA is not a permanent statute. To qualify for renewal as an immigrant student or graduate, you must continue to meet the main conditions. They include:
- You must maintain continuous residence in the United States without any extended absences.
- Avoid convictions for felonies and significant misdemeanors
- Avoid engaging in activities that suggest you are a threat to public safety or security.
You must be present in the country when filing for renewal. After the first approval, renewals focus on residence, presence, and criminal history. If you're unsure about renewing, consult an immigration lawyer.
This section contains Frequently Asked Questions about DACA eligibility for immigrant students and graduates in California.
Deferred action allows you to legally remain in the US as an immigrant student or graduate. However, you must meet all the requirements to qualify for the program. Commonly asked questions about eligibility for DACA include:
Can I qualify for DACA if I was convicted of a crime, but the record was later sealed or expunged?
Good conduct and a clean criminal record are significant when applying for DACA status. You may still qualify for DACA if you were convicted of a crime, but the record was later sealed or expunged. Sealed or expunged records are sometimes not treated like open convictions. However, USCIS can still consider the underlying conduct when deciding eligibility.
It means that even if the conviction was removed from your public record, immigration officers may look at what happened. Crimes like felonies, significant misdemeanors, or multiple misdemeanors can still cause problems. Each case is reviewed individually, and the final decision depends on the seriousness of the offense.
You should be honest when filing your application if you have a sealed or expunged record. Also, you should speak with an immigration attorney. Professional guidance can help you understand your risks and options.
What would happen if I dropped out of high school in California?
You are not automatically eligible for DACA if you dropped out of high school. However, you can still qualify if you re-enroll in school or join a recognized GED program. USCIS wants a sign that you are continuing your education. Dropping out without pursuing further studies can make you ineligible.
Can I apply for DACA if I am undocumented but married to a U.S. citizen in California?
Marriage to a U.S. citizen does not affect DACA eligibility. The program is separate from family-based immigration benefits. Even if you are married to a citizen or permanent resident, you must still meet all the requirements. Age, residency, education, and excellent moral character are the key factors that determine approval.
Does DACA provide me with California residency for tuition?
DACA alone does not provide California residency for tuition purposes. However, many students in California qualify for in-state tuition under AB 540. The law helps undocumented and DACA students who attended a California high school for three years and graduated. If you meet AB 540 requirements, you may pay lower tuition rates.
Applying for Deferred Action for Childhood Arrivals in California
You can apply for DACA if you meet the eligibility requirements. Applying for the program as an immigrant student or graduate requires careful preparation. You may need to follow these steps for a successful application:
Gather Proof of Identity and Residence
After confirming your eligibility, collect documents that prove your identity, such as when you entered the U.S., and whether you've lived here since 2007.
To prove that you entered the country before age 16, you can use visas, I-94 forms, medical records, and school enrollment records. You should gather evidence such as bank statements and utility bills to show continuous residence. You will have a stronger case for DACA when you have enough documents to prove your eligibility.
Provide Education or Military Records
If you are a current student, you must provide school transcripts or proof of current enrollment. High school graduates must submit a copy of their diploma or GED certificate. Honorable discharge papers or similar records will be required for those who served in the military. These documents show that you meet the educational or service requirement for DACA.
Complete the Required Forms
There are three forms that every DACA applicant must submit. They include:
- Form I-821D. This is the main request for deferred action.
- Form I-765. This is the application for a work permit.
- Form I-765WS. This is a worksheet explaining your financial need for employment authorization.
You should fill out these forms carefully and ensure every answer is truthful and complete. Errors or missing information can cause long delays in your application process.
Pay the Application Fee
The total cost for a DACA application is $495. The fee covers the DACA request and the work authorization. You can pay by check, money order, or credit card using Form G-1450. You should ensure your payment method is valid. Incorrect payments will cause your application to be rejected.
Organize and Submit Your Packet
After completing the forms and gathering evidence, you can organize everything into a clear packet. You should include your payment, forms, and copies of all supporting documents in the packet. Avoid submitting your original documents unless specifically requested.
When everything is ready, you can mail the packet to the correct USCIS lockbox address. The address depends on whether you use the postal or courier services.
Attend Your Biometrics Appointment
After receiving your application, the USCIS will send you a receipt notice. Additionally, they will send a biometrics appointment notice. During this appointment, you will be fingerprinted and photographed as part of receiving background checks. You are required to attend this appointment on the date and bring the notice.
Wait for USCIS's Decision
The USCIS will review your case after your biometrics appointment. Occasionally, they may ask for additional evidence, which you must provide upon request. If the USCIS approves your application, it will grant you DACA status. They will also issue a work permit valid for two years.
Plan for Renewal
DACA is not permanent. Therefore, you must renew it every two years to maintain protection. Applying for renewal 120 to 150 days before your current DACA expires is best. The renewal process uses the same forms and requires updated supporting documents.
Find a Competent Immigration Lawyer Near Me
DACA allows immigrant students and graduates to live without fear of deportation. However, the program is limited to those who meet strict requirements. The requirements are related to age, residency, education, and conduct. Applicants must have arrived in the U.S. as children and lived there for many years to qualify.
Also, the applicant should be in school, have graduated, or have served honorably in the military. They must also show good moral character by avoiding serious crimes and being honest in their applications. DACA is a path to education, work, and opportunity for many students and graduates.
Before applying, you should have school records, identity papers, and proof of residence. If you are applying for DACA or dealing with other immigration issues, you will benefit from our expert legal insight at California Immigration Attorney. Contact us at 424-789-8809 today to discuss your case.