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- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012, meaning that:
· You never had a lawful immigration status on or before June 15, 2012, or
· Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Can I got to school now and qualify?
The question of in school confuses people. Most people think it means that they had to go straight to school when they first came to the U.S. What they don’t understand if they meet all other criteria they can go to a qualified program to learn English with the ulimate goal to get their GED or go straight to a GED program and still apply for DACA today.
What happens to my court case after I get approved for DACA
Depending on the Immigration Judge and the policies USCIS has in place if you find yourself in this situation, you may have to file a motion to terminate removal proceedings. Today, the Trial Attorney (government immigration attorney) will agree to automatically close proceedings after you have been approved for DACA. But that could change tomorrow.
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