Individuals who have come to the United States as children may be concerned about deportation once their illegal status is discovered. DACA, or Deferred Action For Childhood Arrivals, helps prevent removal from the U.S. for certain qualifying individuals. Here’s what you need to know. 

What Is Deferred Action For Childhood Arrivals (DACA)? 

The term “deferred action” refers to an undocumented immigrant’s protection from deportation under the Deferred Action for Childhood Arrivals (“DACA”) began that President Obama signed into law on August 15, 2012.

Under DACA, the Department of Homeland Security (DHS) will use its discretion to streamline enforcement resources away from low-priority cases, such as those involving persons who came to the U.S. very young and who meet other relevant criteria. 

Deferred action recipients will not be subject to deportation proceedings or be deported from the United States for a specific period. Unfortunately, DACA does not offer any path to legal citizenship, and it does not absolve the applicant of previous instances of illegal presence. However, DACA recipients cannot be considered unlawfully present during the time that deferred action is in effect. 

Who Benefits From Deferred Action 

If you meet the following criteria, you may be able to benefit from deferred action: 

  • You were 16 or under when you arrived in the United States as an immigrant 
  • You were below the age of 31 as of June 15, 2012 and physically present in the U.S. on this date 
  • You came to the U.S. without legal status prior to June 15, 2012 or lost your lawful immigration status on or before this date 
  • You have not left the U.S. and have continuously resided within the country since June 15, 2007
  • You were not charged and found guilty of a felony crime, an aggravated misdemeanor, or three minor misdemeanors 
  • You are not considered a threat to American public or national security 
  • You are in the midst of pursuing education in the U.S., and/or you have been honorably discharged from any branch of the U.S. Armed Forces, and/or you have obtained a high school diploma or GED 
  • You are physically present in the U.S. when your DACA application is filed 

When to Speak With an Experienced Houston, TX Immigration Lawyer 

The Zavala Law Firm, PLLC is dedicated to protecting the rights and futures of U.S. immigrants. To determine if you qualify for DACA, or to get help with another immigration issue, don’t hesitate to reach out to seasoned Texas immigration attorney Eluid Zavala. Call today to schedule your consultation at (713) 766-6720.