Deferred Action

U.S. Citizenship and Immigration Services (USCIS) has released forms, instructions, and additional information relevant to the deferred action for childhood arrivals process. As of August 15, 2012, USCIS has begun accepting requests for consideration of deferred action for childhood arrivals.

As background, on June 15, 2012, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. On August 14, 2012, USCIS has finalized a process known as Deferred Action For Childhood Arrivals (DACA) by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.

Individuals may request consideration of deferred action for childhood arrivals if they:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching their 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of  deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
  6. Are currently 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 Armed Forces of   the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not  otherwise pose a threat to national security or public safety.

At a stakeholder meeting on August 14, USCIS Director Alejandro Mayorkas said that the agency will not share information about applicants and their families with U.S. Immigration and Customs Enforcement (ICE) for enforcement purposes.

Individuals requesting consideration of deferred action for childhood arrivals must submit:

  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals

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