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DACA Deferred Action

What is DACA?

What is DACA?

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

DACA Information from USCIS

Applying for DACA

If you would like the Immigrant Law Center of Minnesota to represent you in your application for Deferred Action for Childhood Arrivals (DACA) you must:


You may request consideration of DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. 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
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you have questions, it is likely that you can find the answer here in an extensive FAQ at the USCIS website.

ILCM cautions against seeking advice from immigration consultants that are sometimes known as “notarios.” To ensure that you are not putting yourself at risk, you should only seek legal advice from a licensed attorney, preferably an attorney specializing in immigration law. To determine if a person offering legal services is in fact licensed as an attorney in Minnesota, you can visit this website. Important: Immigration lawyers do not need to be licensed in Minnesota but must hold a license from at least one state in the U.S., so be sure to ask where your attorney is licensed and check that state’s licensure database.

How you can prepare:

Before applying, gather documentation that may be required to evaluate whether or not you will be eligible to apply for deferred action. The Immigrant Law Center of Minnesota recommends gathering the following documentation so that you have it ready to review with our office or with another attorney:

  1. Your birth certificate, school ID, passport or consular ID;
  2. Police reports and court records for any arrests you have had;
  3. Documentation to prove that you have resided continuously in the United States for at least 5 years preceding the date of the announcement (June 15, 2012), and that you were present in the U.S. on June 15, 2012.  Examples: school records, medical records, bills, receipts, paystubs, taxes, etc.;
  4. Documentation to prove that you are currently in school, have graduated from high school or have obtained your GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.; and
  5. Any documents previously issued to by the Department of Homeland Security, if you previously had any contact with immigration.
  6. $465 for the filing fees that the U.S. Citizenship and Immigration Services (USCIS) will charge to process your application.