Dayton, OH DACA Attorney

Application Requirements for DACA Status

A DACA applicant must be able to establish the following:

• They were younger than 16 when they came to the U.S.
• They are at least 15 at the time of the application
• They are younger than 31 as of June 15, 2012
• They arrived in the U.S. before June 15, 2012, or their immigration status expired as of June 15, 2012
• They have continuously resided in the U.S. from June 15, 2007, until the present
• They are currently enrolled in high school, getting a GED, or have been honorably discharged from the U.S. military
• They have never been convicted of a felony or qualifying misdemeanor

The Current State of the Legislation

At present, legislative attempts to either get rid of or strengthen DACA are being considered. The Biden Administration is hoping to allow individuals who currently reside in the U.S. illegally to apply for temporary protected status and give them a path toward getting a green card. However, every four years, the standards in place can change. That’s why it’s essential to discuss the matter with a U.S. immigration attorney. 

The Law and How DACA Works

When a U.S. immigrant applies for a green card, the U.S. conducts a background check concerning their activities. One of the factors that can be held against you is that you have too much “illegal time” in the U.S. While the provision still holds for parents, it is not extended to their children who may have entered the U.S. illegally through choices outside of their control. To avoid accruing “illegal time,” the U.S. passed provisions that do not penalize minors for the choices of their parents.

In effect, DACA removed the penalty and afforded individuals who wanted to pursue a green card the opportunity to do so. Again, DACA is a form of temporary protected status that only lasts for two years. After three years, the U.S. can initiate deportation proceedings.