DACA 2012: Eligibility Criteria, Criminal Bars, and Filing Steps

DACA eligibility requirements come from the June 15, 2012 policy and have not changed: you must have been under 31 on that date, have entered the United States before age 16, have lived here continuously since June 15, 2007, be in school or have finished high school (or served honorably in the military), and have no disqualifying criminal record.¹ Meeting every one of these is required; missing any single criterion ends the analysis. One important boundary before you spend time or money: as of 2026, a federal court injunction blocks USCIS from approving new initial requests, though renewals for existing recipients continue.

The Seven Eligibility Criteria

Every requirement must be satisfied at the time you file. They are cumulative, not alternatives.

Age on June 15, 2012. You must have been under 31 years old on that date, which means born on or after June 16, 1981.¹
Age at arrival. You must have entered the United States before your 16th birthday.¹
Continuous residence. You must have lived in the United States continuously since June 15, 2007, up to the day you file.²
Physical presence. You must have been physically in the United States on June 15, 2012, and be physically present when you submit your request.
Minimum age to file. You must be at least 15 years old when you apply, unless you are in removal proceedings or have a removal order and are not detained.³
Education or military service. You must be currently enrolled in school, have a high school diploma, have earned a GED, or be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.
Criminal history. You cannot have a felony conviction, a significant misdemeanor, or three or more other misdemeanors, and you must not pose a threat to national security or public safety.²

Brief trips outside the country do not automatically break continuous residence, though extended or frequent absences can. If you left and returned before August 15, 2012, you may still qualify, but you will need evidence that you did not abandon your U.S. residence during the absence.

How the Criminal Bars Work

The criminal rules disqualify more otherwise-eligible people than any other requirement, so the details matter. Federal regulations at 8 CFR 236.22 define a “significant misdemeanor” as an offense with a maximum jail sentence of more than five days but no more than one year that falls into any of these categories: domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, and driving under the influence.⁴ Any other misdemeanor that resulted in an actual jail sentence of more than 90 days also counts, even if the offense is not on that list.

Three or more non-significant misdemeanors are equally disqualifying. Minor traffic infractions generally do not count, but a traffic offense classified as a misdemeanor under state law could. The criminal screen applies to initial requests and to every renewal, so a conviction picked up between renewals can end your protections.

What DACA Gives You If Approved

An approved request provides two things: temporary protection from removal and an Employment Authorization Document that lets you work legally in the United States. Both last two years and must be renewed.³ With an active work permit you can obtain a Social Security number, open bank accounts, build credit, and file federal tax returns.

DACA does not change your underlying immigration status. You do not become a lawful permanent resident, and it opens no path to a green card or citizenship.¹ Most states allow DACA recipients to obtain driver’s licenses, though the type and rules vary by state. DACA recipients were briefly eligible for Affordable Care Act marketplace insurance in 2024, but that access was revoked in August 2025; you can still purchase coverage at full cost outside the marketplace or use community health services.

Can You Actually File Right Now

Eligibility on paper is one question; whether USCIS will act on your request is another. In January 2025, the U.S. Court of Appeals for the Fifth Circuit ruled that the DACA Final Rule is substantively unlawful because it conflicts with the Immigration and Nationality Act.⁵ The court left a stay in place for existing recipients, so current DACA holders can keep renewing.

USCIS continues to accept initial DACA requests on paper, but will not process or approve them while the injunction remains in place.¹ First-time applicants can submit forms, but cases sit in a queue with no timeline for adjudication. Filing fees paid on initial requests that cannot be processed are not automatically refunded. Check the USCIS DACA page for the current posture before mailing anything.

Documents That Prove Each Requirement

Meeting the criteria is not enough; you have to prove each one on paper.

Identity and Age at Entry

You need a document from your country of origin showing who you are: a birth certificate, passport, or national identity card. To prove you entered before turning 16, Form I-94 arrival-departure records are the clearest evidence, though passport entry stamps and school enrollment records near your arrival date also work. School records are especially useful because they can establish identity, age at entry, and presence in the country during those years all at once.

Continuous Residence Since June 2007

Building a timeline from June 2007 to the present usually takes layers of documentation. School transcripts cover long stretches for anyone in primary or secondary school during those years. For gaps between school years or after graduation, rent receipts, utility bills, bank statements, pay stubs, tax returns, and medical records fill in the picture. The goal is no multi-month gaps left unexplained. Gaps do not automatically disqualify you, but USCIS may ask about periods where the record goes quiet.

Foreign-Language Documents

Any document not in English must be accompanied by a certified English translation. The translator must certify in writing that the translation is complete and accurate and that they are competent to translate from that language into English.⁶ A bilingual friend or family member can do this if they sign the required certification; you do not need a professional service. Professional certified translations typically run $25 to $40 per page.

The Filing Package and Fees

A DACA request is a three-form package. Form I-821D is the core request for deferred action. Form I-765 is the application for the work permit. Form I-765WS is a worksheet showing financial need for employment, covering your income, expenses, and assets.⁷ All three are filed together. Use only the current edition of each form from the USCIS website; outdated versions get rejected automatically.

USCIS charges a single filing fee that covers work permit processing and biometrics. The agency adjusts its fee schedule periodically, so use the Fee Calculator on uscis.gov for the current amount before filing.⁸ An incorrect fee is one of the most common reasons packages get rejected without being reviewed. Fee waivers are not available for DACA requests. The completed package goes to a designated USCIS Lockbox, and USCIS then mails Form I-797C confirming your filing and providing a receipt number for online case tracking.⁹

Staying Eligible for Renewal

If you already have DACA, renewal is available and the same eligibility rules apply. USCIS recommends filing between 150 and 120 days before your current DACA and work permit expire.¹⁰ Renewal uses the same three-form package, and you must show that you still meet every criterion and have picked up no disqualifying convictions since your last approval. USCIS has recently reported that most renewals take around three and a half months.

Travel and Address Rules That Can Cost You Eligibility

Leaving the United States without advance parole from USCIS terminates your deferred action and can trigger federal re-entry bars: more than 180 days of unlawful presence followed by departure results in a three-year ban on returning, and more than one year of unlawful presence triggers a ten-year ban.¹¹ Advance parole is available only for humanitarian, educational, or employment reasons, is requested on Form I-131, and is not guaranteed. Even with approval, re-entry involves a customs inspection.

Federal law also requires noncitizens to report any change of address to USCIS within 10 days of moving, filed on Form AR-11 through the USCIS website.¹² Missed notices from USCIS, including biometrics appointments and Requests for Evidence, can sink an otherwise strong case, and the mistake is entirely preventable.

1
U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)
2
U.S. Citizenship and Immigration Services. Frequently Asked Questions
3
U.S. Department of Homeland Security. Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children
4
eCFR. 8 CFR 236.22 – Discretionary Determination
5
U.S. Court of Appeals for the Fifth Circuit. DACA Unlawful – Fifth Circuit Opinion No. 23-40653
6
eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests
7
U.S. Citizenship and Immigration Services. Instructions for Consideration of Deferred Action for Childhood Arrivals
8
U.S. Citizenship and Immigration Services. Filing Fees
9
U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
10
U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals
11
U.S. Department of State. 9 FAM 302.11 – Ineligibility Based on Previous Removal, Unlawful Presence, or Entry
12
U.S. Citizenship and Immigration Services. AR-11, Alien’s Change of Address Card