Deferred Action for Childhood Arrivals

You will be eligible for in-state tuition rights after you have provided a copy of your I-797 to the Office of Admissions and meet these additional requirements:

  1. Must be in in an approved DACA status for one year;
  2. Must be accepted by a Virginia College or University;
  3. Must not have had an educational reason for moving to Virginia; and
  4. The student bears the burden of establishing, by clear and convincing evidence, that the student is a national or an eligible alien and has, for at least a one-year period prior to the claimed entitlement, established and maintained his domicile in the Commonwealth of Virginia.

What are the requirements for DACA?  A youth can request DACA if he or she:

1. Is at least 15 years old at the time of filing his or her request.
a. Exception: a youth that is currently in removal proceedings or has a final order of removal, or a voluntary departure order can request DACA under the age of 15.

2. Was under the age of 31 as of June 15, 2012;

3. Came to the United States before his or her 16th birthday;
a. However, if the youth has entered and left the United States before age 16, he or she will have to show established residency in the U.S. before age 16.

4. Has continuously resided in the United States since June 15, 2007, up to the present time;

5. Was physically present in the United States on June 15, 2012, and at the time of making his or her request for DACA;

6. Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012 (i.e. person was undocumented as of June 15, 2012);

7. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the
United States; and

8. Has not been convicted (as an adult) of a felony, significant misdemeanor, three or more other misdemeanors, and does not
otherwise pose a threat to national security or public safety.

For more questions regarding the Deferred Action for Childhood Arrival (DACA), you may contact the Office of Admissions at 540/654-2000.