Deferred Action is a discretionary determination to defer removal or deportation action of an individual from the United States.
Individuals granted Deferred Action status are eligible to receive employment authorization for the period of Deferred Action (which is two years subject to renewal) provided he or she can demonstrate “an economic necessity for employment.”
Applicants must demonstrate eligibility for Deferred Action status through verifiable documentation.
In order to be considered for Deferred Action for Childhood Arrivals; applicants must submit evidence, including supporting documents, showing that they:
To be considered “currently in school” under USCIS guidelines for Deferred Action, applicants must be enrolled in school on the date their application for Deferred Action is submitted to USCIS.
Travel outside the U.S before August 15, 2012
A brief, casual, and innocent absence from the United States will not interrupt an applicant’s continuous residency for the purpose of applying for Deferred Action.
If an applicant was absent from the United States for any period of time, his or her absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:
Any travel outside of the United States that occurred before August 15, 2012, will be assessed by USCIS to determine whether the travel qualifies as brief, casual and innocent.
Travel outside the U.S after August 15, 2012.
An applicant for Deferred Action cannot travel outside the U.S while his or her application is pending and undergoing review with USCIS.
Travel outside the U.S after Approval of Deferred Action Status.
If USCIS grants Deferred Action status, applicants will be permitted to travel outside of the United States only if they apply for and receive Advance Parole (advance Permission to Travel) from USCIS.
A beneficiary of an approved Deferred Action intending to travel outside the United States must apply for Advance Parole.
USCIS generally, will grant Advance Parole if an applicant is traveling for humanitarian purposes, educational purposes, or employment purposes.
Advance Parole cannot be applied for unless and until USCIS grants Deferred Action status, neither can it be filed concurrently with the application for Deferred Action.
Note: According to USCIS, Persons in unlawful status or are currently in removal proceedings, and depart from the United States without a grant of Advance Parole, will be deemed to have self-deported.
Unlawful presence refers to a period an individual is present in the United States:
Despite the grant of Deferred Action and the non-accrual of Unlawful Presence during the period of Deferred Action, Deferred Action does not confer any lawful immigration status.
Persons granted Deferred Action, though protected from deportation, lack lawful Immigration status and remain subject to all legal restrictions and prohibitions on individuals in unlawful status.
Being granted Deferred Action does not confer lawful Permanent Resident status or create a pathway to citizenship.
A pathway to lawful Immigration Status can only be provided for through the act of Congress.
Information provided in an application for deferred action will be protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of deportation, unless the applicant meets the criteria for the issuance of a Notice to Appear for deportation. The protection covers family members and guardians, Individuals, whose cases are approved for deferred Action status, will not be referred to ICE. However, were an applicant knowingly make a misrepresentation, or knowingly fail to disclose facts, or commits fraud during the application for deferred action status, Such an applicant will be subject to criminal prosecution and/or removal from the United States.
The grant of deferred action is a step towards comprehensive immigration reform, including the DREAM Act. President Obama believes these steps are critical to building a 21st century immigration system.
Individuals currently in immigration detention that meets the requirements for deferred action should request deferred action status from Immigration & Custom Enforcement (ICE) and not USCIS.