Can DACA Help You Get Your Green Card?

No. But first, what is DACA (properly known as Consideration of Deferred Action for Childhood Arrivals)?

Announced June 15, 2012, DACA is an executive order that allows young people who entered the U.S. as children and are out of status to apply for “deferred action” to not be deported from the United States. Approved individuals also become eligible for work authorization. Currently, DACA recipients are protected from removal for 2 years at a time. Recipients can renew their status as long as DACA is available

When it was announced, to qualify for DACA, one must basically:

  1. have entered the U.S. before turning 16 years old;
  2. have resided in the U.S. continuously since June 15, 2007;
  3. be under 31 years old as of June 15, 2012;
  4. have been out of status on or before June 15, 2012
  5. be in school or at least have graduated high school or be honorably discharged from the military;
  6. not be an ex-convict or be a danger to public safety; and
  7. have lived in the U.S. on June 15, 2012 and the day you apply for DACA.

Currently over than 600,000 people have taken advantage of DACA and are protected from deportation.  

Thus, DACA only serves to protect individuals from removal. It does not create a step to a green card. To get on the path to a green card, you would still need to petition for an immigrant visa and apply for a green card like normal. 

About Mac-Arthur Pierre-Louis

Mac Pierre-Louis is managing attorney at Pierre-Louis & Associates, PLLC and founding editor of (@amcarilaw) & (@childsupportesq). He can be reached at (@macpierrelouis) No content on this blog should be deemed legal advice, nor does content create an attorney-client relationship. Please seek professional legal advice since this blog is for informational purposes only.

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