DACA eligibility requires meeting specific criteria related to age, entry date, presence, education, and background. These requirements determine who qualifies for this temporary protection and work authorization. Understanding each requirement helps you assess whether you're eligible and what documentation you'll need.
All requirements must be met; missing even one disqualifies the application.
Age Requirements
You must have entered the United States before your 16th birthday. This "childhood arrivals" requirement is fundamental to DACA—the program protects those who came as children and had no choice in the decision to immigrate.
You must also have been born on or after June 15, 1981—making you under 31 as of June 15, 2012, when DACA was announced. There's no minimum age, but other requirements effectively establish practical minimums.
These age requirements are fixed dates that don't change—they're tied to the program's creation date, not current dates.
Continuous Residence Requirement
You must have continuously resided in the United States since June 15, 2007, until the present. Continuous residence doesn't require uninterrupted physical presence, but breaks shouldn't be lengthy or deliberate abandonments.
Brief trips abroad before August 15, 2012, don't necessarily break continuity if you maintained a U.S. residence. Trips must have been brief, casual, and innocent—not extended absences suggesting you moved away.
Document your presence through any available evidence: school records, employment records, medical records, tax documents, leases, utility bills, or anything showing you were here during this period.
Physical Presence Requirements
You must have been physically present in the United States on June 15, 2012—the date DACA was announced. You must also be physically present when filing your DACA application.
These are specific dates that must be documented. Evidence showing where you were on June 15, 2012, and continuous presence since strengthens your application.
Any departure from the U.S. after June 15, 2012, without advance parole (unavailable to new applicants) generally makes you ineligible for DACA.
Lack of Lawful Status
You must have had no lawful immigration status on June 15, 2012. This includes people who entered without inspection, overstayed visas (status expired before that date), or had USCIS deny or revoke their status.
If you had valid immigration status on June 15, 2012—even if it later expired—you don't qualify for DACA. The program is for those who were out of status on that specific date.
This doesn't mean you could never have had status—just that you didn't have it on June 15, 2012.
Education Requirements
You must meet at least one education requirement: currently enrolled in school, have graduated from high school, have obtained a GED certificate, or be an honorably discharged veteran of the Coast Guard or U.S. Armed Forces.
"Currently enrolled" includes being in public, private, or homeschool programs, as well as education, literacy, or career training programs. Part-time enrollment qualifies.
Provide diplomas, transcripts, enrollment records, or military discharge papers to document meeting this requirement.
Criminal History Requirements
Certain criminal convictions disqualify you from DACA. You must not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.
Significant misdemeanors include domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of firearms, drug distribution or trafficking, DUI, and any misdemeanor with a sentence of 90 days or more (excluding suspended sentences).
Three or more non-significant misdemeanor convictions also disqualify. Minor traffic violations generally don't count as misdemeanors for this purpose.
Threat to National Security
DACA is unavailable to anyone who poses a threat to national security or public safety. This is evaluated case by case and can include factors beyond criminal convictions.
Gang affiliation or other concerning associations may result in denial even without convictions. Background checks are conducted on all applicants.
Documenting Eligibility
Strong applications include comprehensive documentation for every requirement. School records, medical records, employment records, financial records, and any dated documents showing presence and residence strengthen your case.
The more evidence you provide, the stronger your application. If certain periods are hard to document, explain why and provide whatever evidence is available.
Getting Legal Help
Eligibility questions can be complex, especially with criminal history, gaps in presence, or unclear documentation. An immigration attorney evaluates your specific situation, identifies potential issues, and helps present the strongest possible application. Given what's at stake—work authorization and protection from deportation—professional review helps ensure you don't miss opportunities or create problems with incomplete or incorrect applications.