January 2026 Addendum:
As of January 2026, the DACA program remains in a state of “preserved status quo” due to ongoing federal litigation. While the eligibility criteria from 2012 remain the same, USCIS is currently prohibited from granting initial (first-time) DACA requests or related employment authorization. Only current DACA recipients are eligible to file for renewals and Advance Parole. Because the program’s legality is being reviewed by the federal courts, the rules regarding who can apply and remain in the program are subject to change on short notice.
For the most current and official information on filing requirements and the impact of recent court orders, please visit the USCIS DACA Oversight Page.
(The following article was written in 2022, please consult with an immigration attorney for up-to-date information on the current status of this or any other immigration program)
CLARIFICATION on the effect of the restoration of the recent DACA program:
The DACA program in terms of its requirements has not changed. The same requirements apply. The Judge’s order only allows people who did not apply in the past, and who were previously eligible to have a second chance to apply.
The conditions or requirements have not been expanded or modified since its creation in 2012.
Who qualifies for DACA:
1. Anyone who has continuously resided in the United States since June 15, 2007 ; Y
2. That person must have entered the United States before their 16th birthday ; Y
3. Show that the person was physically present on June 15, 2012 ; Y
4. Be a student, graduated from high school, or have earned a GED.
5. Be under 31 years of age on June 15, 2012; Y6. Not have any type of conviction or crime.
As always please contact me with any questions.
CLARIFICATION on the effect of the restoration of the recent DACA program:
The DACA program in terms of its requirements has not changed. The same requirements apply. The Judge’s order only allows people who did not apply in the past, and who were previously eligible to have a second chance to apply.
The conditions or requirements have not been expanded or modified since its creation in 2012.
Who qualifies for DACA:
1. Anyone who has continuously resided in the United States since June 15, 2007 ; Y
2. That person must have entered the United States before their 16th birthday ; Y
3. Show that the person was physically present on June 15, 2012 ; Y
4. Be a student, graduated from high school, or have earned a GED.
5. Be under 31 years of age on June 15, 2012; Y6. Not have any type of conviction or crime.
As always please contact me with any questions.