What is deferred action (DA)?
DA is an exercise of prosecutorial discretion not to pursue the deportation of a person who could otherwise be deported.
Under the June 15, 2012 DHS guidelines, a person can apply for DA even if he or she is not currently in removal (or deportation) proceedings.
In addition, a person can apply if he or she is in removal proceedings or has received a final order of removal.
How will the policy be implemented?
Ice and CBP have been instructed to begin implementing the policy immediately to stop deporting people who meet the eligibility requirements.
Within 60 days, the agency will also have a process in place for individuals who are in removal proceedings (via ICE) and individuals who are not in removal proceedings (via USCIS) to come forward and apply.
You should NOT apply now; your application will not be considered.
DHS will grant DA for a period of 2 years; at the end of the 2 years, the person can apply for a renewal.
What are the benefits of receiving deferred action?
Safeguard against deportation.
Eligibility to apply for work authorization.
Stops the clock on accruing unlawful status for 3 and 10 year bar (bans)
What are the limitations of deferred action?
DA does not provide a pathway to legal residency or citizenship; only Congress can provide such a pathway.
You do not have a “right: to DA, and it can be taken away by the agency at the agency’s discretion.
Denials cannot be appealed, but DHS has stated that it will establish a protocol for supervisory review.
DA does not automatically make you eligible for a driver’s license or in-state tuition. Driver’s license eligibility will vary state by state.
DA does not make you eligible to enlist in the military.
WHO is eligible to apply?
According to DHS, individuals who meet the following criteria are eligible to apply for DA under the new policy:
Came to the United States before the age of sixteen;
Are currently under 30 9for those who are no in removal proceedings or subject to a final court order of removal, you must also be 15 or older);
Have continuously resided in the US for at least five years as of June 15, 2012 and were present in the United States as of that date;
Are currently in school, have graduated from a high school, or have obtained a general education development (GED) certificate; or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
Have not been convicted of a felony offense a “significant misdemeanor” offense, 3 or more separate misdemeanor offenses, or otherwise pose a threat to national security or public safety
A significant misdemeanor does not include traffic-related offenses such as driving without a license
What are the risks of applying for DA under the new policy?
If you have a disqualifying criminal conviction or there is a finding of fraud in your request, you may be referred to ICE and be placed in deportation proceedings.
If you do not meet one of the above criteria, even if you are denied DA, it is unlikely you will be referred to ICE under the current guidance.
Additional application issues:
Documentation to show presence can include: financial records, medical records, school records, employment records, photographs, etc:
Applicants will be required to go through biometric and biographic background checks
We do not know if there will be a fee for the DA application. However, there is a separate fee of #380 for the employment authorization application, which may be waived in certain circumstances.
You should only provide truthful information on your application.
If you seek help with completing your application, be wary of notarios and individuals who hold themselves out as lawyers but aren’t licensed to practice law.
Right now, there is no application available. We do not know what specific information they will be asking for, except that they will be asking information to establish that you meet the eligibility criteria. We suggest that you stay posted in our website for further information.
This Information is not legal advice. If you have questions about your case, you should contact a trusted attorney for advice about your individual circumstances.