USCIS Following Strict Guidelines for DACA Applicants in GED Programs

Categories: Immigration Lawyer Blog San Diego

USCIS has recently begun sending Requests for Evidence to applicants for Deferred Action for Childhood Arrivals (DACA) who are currently enrolled in GED programs.  These Requests for Evidence most often require further proof that the DACA applicant is enrolled in a GED program, that the GED program is publicly funded, that there is a targeted end date for the GED program, and that the GED program, if not publicly funded, is of substantial quality which can be proven by previous students’ records.

Deferred Action for Childhood Arrivals was instituted by memorandum on June 15, 2012, and allows certain immigrants to apply to have action on their cases “deferred” for a two year period.  To qualify for DACA, a person must:

  • have been under the age of 31 as of June 15, 2012
  • have come to the United States before reaching your 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 your request for DACA;
  • have entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
  • be currently enrolled 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, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

GED programs clearly suffice and USCIS wants to ensure that such programs are quality programs with the end goal of granting recognized degrees.