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 two years, subject to renewal. They must demonstrate an “economic necessity for employment.”
Applicants must demonstrate eligibility for Deferred Action status through verifiable documentation.
Guidelines of Requirements for Applying for Deferred Action for Childhood Arrivals
To be considered for Deferred Action for Childhood Arrivals, applicants must submit evidence. This includes supporting documents showing that they:
- Were under the age of 31 as of June 15, 2012
- Entered the United States before the date of their 16th birthday.
- Have continuously resided in the United States since June 15, 2007, up to the present time.
- Applicants were physically present in the United States on June 15, 2012. They must also be present when filing their Deferred Action application with USCIS.
- Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012.
- Applicants must currently be in school, or have graduated or obtained a high school completion certificate. They may qualify if they have a GED or are honorably discharged veterans of the Coast Guard or Armed Forces.
- Applicants must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors. They must also not pose a threat to national security or public safety.
Applicant’s Age for Deferred Action
- An applicant who has never been in removal or deportation proceedings must be at least 15 years old when filing. They must also meet the other requirements.
- An applicant in removal proceedings, with a final removal or voluntary departure order, can apply for Deferred Action status. They may apply even if under 15 at the time of application and meet the other requirements.
- In all instances, applicants cannot be 31 years of age or older as of June 15, 2012.
Currently in School for Deferred Action Purpose
To be considered “currently in school” under USCIS guidelines, applicants must be enrolled in school. This enrollment must be active on the date their Deferred Action application is submitted to USCIS.
Interruption of Continuous Residence Requirement for Deferred Action
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. This applies for the purpose of applying for Deferred Action.
If an applicant was absent from the United States for any period, the absence is considered brief, casual, and innocent. This applies if the absence occurred before August 15, 2012, and:
- The absence was short and reasonably calculated to accomplish the purpose for the absence
- The absence was not because of an order of exclusion, deportation, or removal.
- The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure.
- The purposes of the absence and/or actions while outside the United States were not contrary to law.
- The absence was not for an extended period of time.
USCIS will assess any travel outside of the United States that occurred before August 15, 2012, to determine whether it qualifies as brief, casual, and innocent.
Travel outside the U.S. after August 15, 2012.
- Travel outside the U.S. after August 15, 2012, but before an applicant files a request for Deferred Action with USCIS, will prevent such applicant from meeting the continuous presence requirement and hence ineligible for Deferred Action status.
- Travel outside the U.S. after August 15, 2012 but after an applicant has filed a request for Deferred Action with USCIS, will prevent the applicant from meeting the continuous presence requirement and hence ineligible for Deferred Action status.
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 can travel outside 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.
You cannot apply for Advance Parole until USCIS grants Deferred Action status, nor can you file it concurrently with the application for Deferred Action.
Note: According to USCIS, if persons in unlawful status or currently in removal proceedings depart from the United States without a grant of Advance Parole, USCIS will deem them to have self-deported.
Unlawful Presence in the U.S & Deferred Action for Childhood Arrivals
Unlawful presence refers to a period an individual is present in the United States:
- Without admission or parole.
- After the expiration of a period of stay authorized by the Department of Homeland Security (such as after one’s I-94 has expired). Persons in the U.S. unlawfully begin to accrue the status of Unlawful Presence in the U.S. from 18 years of age.
- Applicants will continue to accrue unlawful presence while USCIS processes their request for deferred action for childhood arrivals, unless they are under 18 years of age at the time of filing the application. If an applicant is under 18 when filing but turns 18 while their application is pending with USCIS, that applicant will not accrue unlawful presence during the pending period.
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An individual granted deferred action will not accrue unlawful presence in the United States during the period that deferred action is in effect.
- Deferred Action does not excuse individuals of any previous or subsequent periods of Unlawful Presence in the United States.
Deferred Action & Lawful Immigration Status.
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.
Receiving deferred action does not grant 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.
Deferred Action & Immigration Enforcement through Deportation
The U.S. government will protect the information provided in an application for deferred action from disclosure. 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. Family members and guardians receive protection, and authorities will not refer individuals with approved deferred action status 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.
Eligible Applicants for Deferred Action in Immigration Detention
Individuals currently in immigration detention that meets the requirements for deferred action should request deferred action status from Immigration & Customs Enforcement (ICE) and not USCIS.
Also, see Deferred Action: A Temporary Immigration Solution For Young Dreamers
