Have I Missed the DACA Deadline, or Can I still Apply?

Application for Deferred Action for Childhood Arrivals are accepted on a rolling basis.

Question

I’m 17 years old and will be graduating from high school next spring. I always thought I was born in the U.S., but when I was starting to look into applying for college, my parents told me that I was actually born in Honduras, and have no legal status in the United States. I think I might be eligible for DACA, but is it too late to apply?

Answer

There is no deadline for the Deferred Action for Childhood Arrivals (DACA) program. Applications will be accepted on a rolling basis for as long as the program remains in existence (which might not be long, given that Donald J. Trump has taken office and has talked about doing away with the program). There is still hope, however, that Congress will pass comprehensive immigration reform and hopefully replaces DACA with an actual long-term legal program.

You also need to check into whether you are too old to apply for DACA. Applicants must have been born on or after June 15, 1981 and have been under 16 when they came to the U.S., and have arrived in the U.S. before June 15, 2007 and continuously resided in the U.S. since; and also been present in the United States without lawful status on June 15, 2012, and at the time of making the DACA request.

Like you, many students consider applying for DACA when preparing to enter college. Although DACA does not give you long-term legal status in the U.S., it does protect you from deportation, stop your accrual of “unlawful presence” (a problem if you ever apply for a visa or green card), and allow you to obtain permission to work as well as (depending on the law in your state) a driver’s license.

For a rundown on which states refuse to provide drivers licenses to DACA recipients, see the National Immigration Law Center’s discussion of DACA and Driver’s Licenses.

Of course, you will want to carefully consider the risks before you apply for DACA. If, for example, you have committed immigration fraud or any crimes, or might for any reason be considered a national security threat, applying would only bring your case to the attention of Immigration and Customs Enforcement (ICE), and could result in your removal (deportation) from the United States. And if the DACA program ends soon, your personal information could be used as a basis upon which to deport you. See Who Shouldn't Apply for DACA Deferred Action for more information.

You might also want to look into whether you qualify for any more stable immigration relief, such as asylum. (See If I am eligible for DACA, should I apply for that or asylum?) If possible, have a talk with your parents about why they left Honduras, and set up a consultation with an experienced immigration attorney. Your school might also provide some information and resources to students interested in applying for DACA.

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