Deferred Action for DREAMers Attorney in Gaithersburg, MD

DACA Eligibility Requirements

To qualify for DACA, you must meet all of the following criteria:

• Age at entry. You came to the United States before your 16th birthday.
• Age on June 15, 2012. You were between the ages of 14 and 30 on June 15, 2012.
• Continuous residence. You have been continuously residing in the United States for at least five years as of June 15, 2012, and continue to reside here.
• Educational or military status. You are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the U.S. armed forces.
• No serious criminal history. You have not been convicted of a felony, a significant misdemeanor, or more than two misdemeanors, and you do not pose a threat to national security or public safety.

Both individuals who have never had contact with USCIS and those already in removal or deportation proceedings are eligible to apply. Each application is reviewed on a case-by-case basis, and meeting the eligibility criteria does not guarantee approval.

Why DACA Applications Require Legal Guidance

The eligibility criteria may appear straightforward, but immigration law is complicated. A mistake on your DACA application can lead to denial, and in some cases, providing information to USCIS without understanding the potential consequences can create risks you did not anticipate.

Many eligible individuals have not applied for DACA because they cannot afford or access legal help to navigate the process. Documentation requirements are strict; you must prove continuous residence, educational status, and the absence of disqualifying criminal history. If you have had any encounters with law enforcement, even minor ones, we assess whether those incidents affect your eligibility. If you have traveled outside the United States, we will determine whether that travel breaks continuous residence.

To establish a presence in the United States, we gather essential evidence, including school records, employment history, medical records, utility bills, lease agreements, and other supporting documents. Criminal history, if any, is reviewed to determine whether convictions or arrests could create obstacles. Finally, comprehensive applications are prepared to meet USCIS requirements and reduce the risk of denial.

DACA Renewals & Ongoing Changes to the Program

DACA status is granted in two-year increments and must be renewed. Missing a renewal deadline or failing to submit required documentation can result in losing your work authorization and protection from deportation. We assist clients with timely renewals and monitor changes to DACA policy that may affect eligibility or application procedures.

DACA has faced legal challenges since its creation, and the program's future remains uncertain. Policy changes can happen quickly, and staying informed about your rights and options is critical. We advise clients on how changes to DACA may affect their status and what alternative forms of relief may be available.

If you need help with a DACA application or renewal, contact our Gaithersburg DACA attorney at (301) 857-4914 or reach us online. The consultation process is confidential.