DACA

(1) You must have arrived in the United States before reaching the age of 16

To apply for DACA, you will need to show that you came to the United States before your 16th birthday. The best way to prove your age is with a copy of your passport, matricula consular, or birth certificate. Any of those documents will prove your age. Separately, you will need proof that you were inside the United States before your 16th birthday. Any document with your name and date is sufficient to show that you were inside the United States before your 16th birthday. The document can be anything. For example, you can submit a school record, immunization record, school report card, class pictures, bank statements, tax returns that list you as a dependent on your parents' tax return, summaries of medical cards, etc. You only need to have one document that shows that you were inside the United States before your 16th birthday.


(2) You must have lived in the United States from June 15, 2007 to the current date

This is perhaps the most time consuming part of applying for DACA. You must show that you lived in the United States on or before June 15, 2007 until the present date. USCIS is strict about this requirement. They want to see clearly that you were living in the country for the entire period of time. Brief absences are allowed. But generally, you should have evidence from approximately every 3 months to show that you were living in the country for the required period of time. The best evidence is probably your official school transcripts, as they will show that you were enrolled in school for each year from the time you entered school to the time you graduated or left school. You can also submit other evidence. For example, you can send bank statements, cell phone statements, pay stubs, tax returns, medical records, marriage certificates, birth certificates of your children, divorce certificates, court records, utility bills, photographs, etc. . Make sure you have evidence to cover roughly every 3 months starting on or before June 15, 2007 until the present date.


(3) You must have been physically present in the United States on June 15, 2012

This requirement can be completed with one document. You simply need to show that you were physically inside the United States on June 15, 2012 when President Obama announced the creation of DACA. The best evidence is something with your name on it and dated June 15, 2012. If you don't have anything with that date on it, you can submit a document within 30 days after or before June 15, 2012. Gather all evidence from around the summer of 2012 to clearly show you were inside the United States if you don't have something on or about June 15, 2012. For example, if you do not have something from June 15, 2012 with your name on it, try to gather documents from May of 2012, June of 2012, and July of 2012 to show that you were inside the United States before, during, and after June 15, 2012 when President Obama announced the creation of DACA.


(4) You must have graduated from high school or be currently enrolled in school

If you have already graduated from high school, your high school diploma or official transcripts will meet this requirement. If you are currently enrolled in high school or a G.E.D. program, then your transcripts or a current report card will show that you are currently enrolled in school. If you did not graduate from high school, you will need to enroll in a program at a local community college, for example, that is specifically designed to earn a G.E.D. Enrolling in English as a Second Language (ESL) classes is not enough to meet the requirement of being currently enrolled in school. Be careful enrolling in an online school. Many of these schools are not accepted by USCIS to meet this requirement.


(5) You must not have been convicted of any felony, a significant misdemeanor, or three misdemeanors

As a general rule, traffic offenses do not count towards this requirement as long as the traffic offense does not include driving while intoxicated (DUI). If you have been arrested for any crime other than traffic violations, you cannot have been convicted of any felony. There is a difference between being arrested and convicted. If you were arrested for a crime, but were not convicted of it, you are still eligible for DACA. A conviction generally means that a judge has found you guilty and imposed some punishment, such as supervision, fines, public service, or jail time. If you were convicted of a felony or three or more misdemeanors, then you are not eligible to apply for DACA. Lastly, you cannot have been convicted of something called a "significant misdemeanor," which is simply a list of certain crimes that, even if they are not a felony, still disqualify a person from applying for DACA. For DACA, a significant misdemeanor is a conviction for any of the following: Driving under the influence (DUI), sexual abuse, theft, illegal possession or use of a firearm, sale or manufacture of drugs, or any other offense punished with at least 90 days in jail. Note: Ordinance violations are generally not federal misdemeanors for DACA purposes, but an attorney should review the case to confirm.


(6) You must have been be under the age of 31 on June 15, 2012

This requirement focuses on your age on June 15, 2012. On that date, you must have been under 31 years of age. You may be over 31 when you first apply for DACA. You can also continue to receive DACA indefinitely regardless of your age. You simply had to be under 31 on the day President Obama announced the creation of DACA. As long as you were under the age of 31 on June 15, 2012, you will always meet this requirement. The best evidence of this is your passport, matricula, or birth certificate; any of these will show you were under the age of 31 on June 15, 2012.