DHS has authorized the stay of DACA recipients in the United States. As such, DACA recipients are lawfully present.

Is DACA considered unlawful presence?

Deferred Action For Childhood Arrivals Is Available For Persons Unlawfully Present In The US, But It Does Not Provide A Status Allowing For An Adjustment To Permanent Resident Status.

What does it mean to be lawfully present?

The term “lawfully present” is used to describe immigrants who have: “Qualified non-citizen” immigration status without a waiting period. Humanitarian statuses or circumstances (including Temporary Protected Status, Special Juvenile Status, asylum applicants, Convention Against Torture, victims of trafficking)