Deferred Action for Childhood Arrivals
On June 15, 2012 President Obama announced a new directive to give temporary remedy and access to work authorization for undocumented immigrants who came to the U.S. as minors.
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. While it does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred as part of this process will not be removed from the United States for a two-year period, subject to renewal, and may also apply for employment authorization.
As of August 15, 2012 you can submit applications to USCIS or ICE. If you are already detained, you must process your request through Immigration and Customs Enforcement (ICE).
Deferred action is available to people who, among other factors, came to this country when younger than 16 years old and were 30 years old or younger on June 15, 2012.
Could You Qualify For Deferred Action?
To be considered for deferred action, you must present evidence that you:
- Entered the United States when younger than 16 years old;
- Are at least 15 years old (if you have never been in removal proceedings or proceedings have been terminated);
- Were under the age of 31 as of June 15, 2012;
- Have lived in the United States continuously since June 15, 2007;
- Were present in the United States on June 15, 2012;
- Are 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 U.S. armed forces;
- Have not been convicted of a felony offense, a significant misdemeanor, or three or more misdemeanor offenses;
- Do not pose a threat to national security or public safety.
- Documents you should gather to show your eligibility may include:
- High School diploma or GED certificate
- Proof of school attendance (transcripts, report cards, etc.)
- Documentation of Employment History (pay stubs, work contracts, tax records)
- Form I-94/I-95/I-94W
- Rent receipts or utility bills
- Documentation of finances
- Hospital or other medical records
- Records of military service
Contact our firm for a free consult to see if you are eligible.