Deferred action for childhood arrivals is a policy by the Department of Homeland Security that allows individuals who came here at a young age, and who meet other requirements that would explained below, to have work permits and have possible removal deferred as an exercise of prosecutorial discretion. As we posted in our previous article, DHS Secretary Napolitano issued a memorandum announcing that the DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. This memo came out on June 15, 2012. According to the memo, individuals who receive deferred action will not be placed in removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from the USCIS.
According to USCIS FAQs released in August 2012, an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit:
1. I-821D, Consideration of Deferred Action for Childhood Arrivals
2. I-765, Application for Employment Authorization (cannot be e-filed)
3. I-765 WS, Worksheet
4. Government Fee of $465 payable to the “USCIS”
Should you wish to have your case assessed for deferred action purposes, feel free to contact our office at (216) 573-3712 or 1 (800) 496-8043, email us at info@sarmientoimmigration.com, or place your questions below on the comment section.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.