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What is DACA and who qualifies for it?

Deferred Action for Childhood Arrivals, better known as DACA, was created by President Obama through an executive order in 2012. Its purpose is to provide legal protection for individuals who were brought to the United States as children and went to school here. Throughout the last 9 years, there have multiple attempts to end the program, but those attempts so far have failed.

THE CURRENT RULES FOR DACA ELIGIBILITY REMAIN THE SAME AS THEY WERE IN 2012. TO BE ELIGIBLE, AN INDIVIDUAL MUST MEET THE FOLLOWING GENERAL REQUIREMENTS:

  • Were under the age of 31 on June 15, 2012;

  • Came to United States for the first time before their 16th birthday;

  • Continuously resided in the United States from June 15, 2007 to the present date (with some exceptions for short periods of travel outside the United States);

  • Were present in the United States on June 15, 2012;

  • Did not have lawful immigration status on June 15, 2012;

  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

  • Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

DACA provides protection from deportation, in addition to work authorization and the ability to get a social security number and apply for a driver’s license in Georgia. Additionally, DACA recipients can apply for a travel permit that gives them permission to apply for re-entry to the U.S. after traveling internationally. For some, this lawful entry into the U.S. can create new options for obtaining a green card through U.S. citizen family members.

As with any immigration issues, it is always important to speak to an experienced attorney. The facts of each individual case can affect eligibility.

(The information in this article is (a) provided for general informational purposes only, (b) is not provided in the course of and does not create or constitute an attorney-client relationship, (c) is not intended as a solicitation, (d) is not intended to convey or constitute legal advice, and (e) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.)

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