Deferred Action for Childhood Arrivals (DACA) "Dreamers"

Under the “Deferred Action” policy, students in the U.S. who have a voluntary departure order, are already in removal proceedings, or have a final order of removal will be allowed to work in the United States if they meet certain criteria.

New initial DACA applications are not currently being processed. A series of federal court rulings — including a 2021 injunction and a January 2025 Fifth Circuit decision — found the DACA program itself unlawful, though courts have allowed USCIS to continue processing renewal requests for individuals who already had DACA. If you already have DACA, you can generally still renew. If you do not have prior DACA status, your options are more limited right now, and an attorney can help you understand what may be available given the current legal landscape.

The general eligibility criteria for DACA are as follows. These are most relevant for confirming renewal eligibility or understanding your options if the legal landscape changes:

• Be under age 31 as of August 15, 2012
• Have entered before age 16
• Have been present in the U.S. since June 15, 2007
• Have maintained continuous residence ("brief travel abroad" is allowed)
• Be currently in school, graduated, or have a GED, or be an honorably discharged veteran.
• Have not been convicted of one felony, a single "serious" misdemeanor, or three or more misdemeanors, and are not a threat to public safety

Please note that:

If you have been convicted of ANY crime, DUI, DWI, or any other offense, your application may not only be denied, but you may be put into removal proceedings. It is VERY important to obtain a knowledgeable immigration attorney.