Deferred action for childhood arrivals ("DACA) offers a wonderful benefit to individuals who entered the United States without inspection or whose lawful status expired prior to June 15, 2012. If approved, DACA defers removal proceedings for two years and allows the individual to remain in the United States without accruing unlawful presence.

In order to be eligible for a grant of deferred action, the applicant must:

• Be younger than 31 as of June 15, 2012;
• Have come to the United States before reaching their 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Have been physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
• Have entered without inspection before June 15, 2012, or have had their lawful immigration status expire prior to June 15, 2012;
• Be 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
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Many applicants ask what it means to continuously reside in the United States and wonder if they will be disqualified simply because they left the U.S. for a period of time. According to USCIS, it depends on your absence from the U.S.

If the departure is considered "brief, casual, and innocent you will still qualify for a grant of Deferred Action. To meet this standard, the departure must have been:

1. "short and reasonably calculated for the purpose of the travel,
2. not the result of a removal order or order of voluntary departure, and
3. not made for unlawful purposes.

However, this standard only applies to foreign travel completed before August 15, 2012. Any departure from the United States after August 15, 2012, will break the continuous residence requirement and result in the denial of a pending or subsequent application for Deferred Action, unless the individual has applied for and received a special travel document called Advanced Parole (Form I-131, Application for Travel Document).

It is important to note that Advanced Parole can only be applied for after your DACA application has been approved. Once Advanced Parole is issued, you can freely travel to and from the United States.

Overall, DACA offers an exciting opportunity to those who qualify, but each applicant needs to be reviewed on a case-by-case basis. We recommend working with an experienced immigration attorney who can help you apply for deferred action. If you have any questions, please contact us for your free case assessment, or connect with us on Facebook and Twitter.