Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012, the Secretary of the Department of Homeland Security (DHS) announced that certain people who came to the United States as children may request consideration of deferred action for a period of two years, subject to renewal.  Those with a grant off deferred action may also request employment authorization in the United States.

What is Deferred Action for Childhood Arrivals?

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion by the U.S. government.  Deferred action does not provide an individual with lawful status.

What are the requirements of deferred action for childhood arrivals?

Those who demonstrate that they meet the criteria may be eligible to receive deferred action for a period of two years, subject to renewal.  Individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action.  Each application will be reviewed on a case-by-case bases. To be eligible, individuals must:

  1. Have come to the United States before your 16th birthday;
  2. Have resided continuously in the United States since June 15, 2007;
  3. Are currently in school, have graduated from high school in the United States, have obtained a general education development certificate (GED), or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
  5. Have been under 31 on June 15, 2012.

Important: There is no appeals process possible for this type of application.


Manhattan Immigration Attorneys at Schonfeld & Ushan in New York have years of experience in most types of visa applications. Call (212) 233-1433 or email Schonfeld & Ushan  to schedule a consultation.