Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals is a new policy of the Department of Homeland Security to allow certain young people, who did not purposefully violate immigration law to continue to live and to work in the United States for two (2) years with renewals possible. Eligibility criteria for DACA benefits are the following:

  • Born after June 15, 1981
  • Entered the United States before June 15, 2007
  • Continuous residence in the United States since June 15, 2007, to Present
  • Have physical presence in the United States on June 15, 2012
  • Be without a valid immigration status on June 15, 2012
  • Be  at least 15 years of age on the date of application (or between 5 and 14 if in removal proceedings or with final orders of removal)
  • Have entered the United States when you were younger than 16 years of age
  • Have a high school diploma or GED certificate, be enrolled in school, or are a veteran of the United States military
  • Have not been convicted of felony offenses, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  • Submit to an FBI and DHS background check and have no disqualifying criminal record (other than possibly a small misdemeanor), or evidence of being a threat to the national security.

Significantly, there is no deadline by which you must initially apply for DACA.

At the time of this writing, litigation is pending that would amend the eligibility criteria to allow

  • People born before June 15, 1981 to apply.
  • People to apply if they entered the United States before January 1, 2010 instead of June 15, 2007
  • Amend the start of the continuous residence requirement to January 1, 2010 instead of June 15, 2007


Contact the Law Office of Eric Horn, PC at (631) 435-7900 or contact him online to see if you qualify for relief.