DACA Applicants: Guidelines for Meeting the Education Requirement

Contributed by Jennaweh Leyba, Attorney

Deferred Action for Childhood Arrivals (“DACA”) has and continues to be a promising resource for young immigrants. Those with an approved DACA application will obtain deferred action for two years, subject to renewal for an indefinite period of time, and will be eligible to apply for work authorization. In order to be considered for deferred action for childhood arrivals, you must submit evidence, including supporting documents, to show that 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.

For individuals who did not complete high school, DACA is not out of reach. There are options to obtain a valid high school diploma online. However, while there are many options for obtaining online high school diplomas, not all of them are legitimately accredited and thus, may not be recognized by USCIS for adjudication of the DACA application. To help ensure that an online high school is accredited you can refer to the following resources to obtain information on online high school programs as well as accreditors who are recognized by the Department of Education:

1.     U.S. Department of Education – The U.S. Department of Education website has a database to search for both accredited institutions and accreditors that are recognized by the government. You can search for your school or your school’s accreditor in their online database.

2.     State Department of Education – The Colorado Department of Education website has a list of online schools and programs to choose from depending on where you reside and what type of program most accommodates your current schedule.

Additionally, DACA applicants may be enrolled in a GED program or have obtained a GED to be eligible for deferred action. However, please be aware that the GED test cannot be completed online. The GED test can and will only be administered in person by GED Testing Centers that are authorized by the national GED Testing Service and approved by the Department of Education.

If you meet all other requirements but did not finish high school, you can still attain eligibility.  To discuss your options contact Joseph Law Firm, P.C. at 303-297-9171 or 719-434-5660.
 

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