if my husband starts a GED program while being detained will he be eligilble for DACA, if he meets all other requirements?

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David Leopold's picture

Answer: 
Among other things, DACA requires that a person 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. Currently in school includes an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a GED exam or other state-authorized exam (e.g., HiSet or TASC) in the United States. There is nothing to preclude a person who is currently in a GED program, but also detained, from applying for DACA. NOTE: if your husband is detained by ICE, he cannot request DACA from the USCIS. He must identify himself to his ICE case officer explaining he believes his is DACA/DAPA eligible. His case officer should review his case along with the local Office of the Department of Homeland Security Chief Counsel. I strongly advise him to first seek the advice of a licensed attorney BEFORE making any statements to ICE about his personal circumstances.

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