School Enrollment Requirement for Deferred Action Application

Based on the Secretary of Homeland Security’s June 15th, 2012 announcement, applicants for deferred action for childhood arrivals must show among other requirements that they are either:

1. Currently in school,
2. Have graduated or obtained a certificate of completion from high school,
3. Have obtained a General Education Development (GED) certificate, or
4. Have served honorably in the Coast Guard or Armed Forces of the United States and received a discharge.

 What it means to be “In School” For Deferred Action purpose.

What exactly United States Citizenship & Immigration Service (USCIS) considers being “in school” isn’t as straightforward as it seems.

Not only is it crucial to understand the definition of “in school,” but also what USCIS defines the actual idea of “school” to be. According to USCIS, “in school” means…

1. Students must be enrolled in a public or private elementary school, junior high or middle school, high school, or secondary school.
2. This includes being enrolled in an education, literacy, or career-training program (including vocational training) that is designed to lead to placement in postsecondary education, job training, or employment.
3. Students must be enrolled in an education program that assists them 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 General Educational Development (GED) exam or another state-authorized equivalent exam.

Evidence to show an applicant for Deferred Action is currently enrolled in school.

Documents required to show that an applicant for Deferred Action is currently in school include:

a. Acceptance letters,
b. School registration cards,
c. Letters from school or program,
d. Transcripts,
e. Report cards, or
f. Progress reports showing the name of the school or program, date of enrollment, and current educational or grade level.

Qualified Schools, Educational, Literacy or Career Training Programs for Deferred Action Purposes.

1. Qualified education, literacy, or career training programs include,
2. Programs funded, in whole or in part, by federal or state grants/contributions.

Providers with proven effectiveness should administer programs funded by other sources, like the private sector. This includes programs from institutions of higher education, such as community colleges, and certain community-based organizations.

When assessing the effectiveness of programs not funded by federal or state grants, USCIS will consider:

• The duration of the program’s existence;
• The program’s track record in assisting students in obtaining a regular high school diploma or its recognized equivalent, in passing a GED or other state-authorized exam, or in placing students in post-secondary education, job training, or employment; and

• Moreover, USCIS will also consider other indicators of the program’s overall quality.

Applicants seeking to show that they are “currently in school” through enrollment in such non Federal or state funded programs, must show the program’s demonstrated effectiveness based on USCIS standard.

Enrollment in English as a Second Language (ESL) Program.

In certain situations, enrolling in an ESL program may fulfill the “in school” requirement for deferred action. However, this applies only if applicants demonstrate that participation in the ESL program is necessary, particularly for placement in postsecondary education, job training, or employment. Additionally, applicants must enroll in school on the date they submit their deferred action status application in order to qualify as “currently in school.

Evidence of graduation from high school.

Evidence of High School graduation includes a high school diploma from a public or private high school or secondary school, or a recognized equivalent of a high school diploma under state law.

For example, this could include options such as a General Education Development (GED) certificate, a certificate of completion, a certificate of attendance, or an alternate award issued by a public or private high school or secondary school. In addition, the goal of USCIS is to ensure that applicants for Deferred Action are either pursuing higher education or, ultimately, transitioning into gainful employment based on their previous training.