Deferred Action (DACA)

Deferred Action for Childhood Arrivals (DACA)

One of the benefits of deferred action for childhood arrivals (DACA) is that it can save you from deportation. If you are being considered for or have already been given a final order of removal or a voluntary departure order, you can apply for DACA to avoid removal.


Deportation and DACA

DACA is intended to prevent the deportation of non-priority individuals. This means you can apply for deferred status no matter where you are in the deportation process, including:

  • Never been identified by ICE or CBP
  • Never been in removal proceedings
  • Are currently in removal proceedings
  • Have been given a final removal order
  • Have accepted a voluntary departure order

Although you can avoid detention with DACA, if you are already in detention, you may not be able to apply for deferred action status. Further guidelines on this will become clear once the policy goes into effect.

Will DACA Information Be Used to Deport Me?

is considered confidential and will not be used in deportation proceedings. The only exception is if you are the subject of a specific notice to appear (NTA) due to criminal charges or national security concerns. If you have a current NTA, due to criminal charges or national security concerns, you will not be granted DACA and may be deported.

Otherwise, your DACA information will only be used to consider your request.


You may request consideration of deferred action for childhood arrivals if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. 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;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.


How the Law Office of Wiliani-Malek can help you: We can help you gather the many documents and pieces of evidence as soon as possible and with as much accuracy as possible. We are dedicated to making the process quick and simple.


3525 Hyland Ave., Suite 225
Costa Mesa, CA 92626

Contact Info:

Call: (714) 432-1333

Office Hours:

Monday-Friday: 9-6pm
*By appointment only

For appointment:
Phone: (714) 432-1333