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What is deferred action?
Who may be considered for deferred action?
What is the cost of the application?
How do I prove that I meet the requirements to be considered for deferred action?
Can I travel outside of the United States after I have been approved for Deferred Action?
What is deferred action? Deferred action is a process by which the removal of an individual is put off for a period of 2 years. Once the 2 years are up, the individual may apply for a renewal. Deferred action does not grant lawful status, but it does lead to work authorization.
The goal is to provide work authorization to those who arrived before the age of 16 and are still in school or have completed high school or have a G.E.D. If you were 31 years old or younger on June 15, 2012, you may qualify for deferred action.
It is important to note that the granting of deferred action is discretionary, and even if a person meets all of the factors the process may be denied. This is why it is necessary to have a knowledgeable attorney assist you with the process.
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Who may be considered for deferred action?
In order to be considered for deferred actions, you must meet certain age, residency, and educational requirements, and you must not have a significant criminal record.The following are required for you to be considered for deferred action:
- Age: You were under the age of 31 as of June 15, 2012, and at least 15 years old at the time of the request unless you are in removal proceedings, have a final removal order, or have a voluntary departure order and are currently not in immigration detention.
- Arrival: You came to the U.S. before turning 16.
- Residence: You have resided in the U.S. continuously since June 15, 2007.
- Presence: You were physically present in the United States on June 15, 2012 and at the time you make your request with USCIS.
- Unlawful immigration status: You entered without inspection (EWI) before June 15, 2012, or your lawful status expired on or prior to June 15, 2012.
- Education: You are currently in school, or have a high school diploma, or have a general educational development (GED) certificate, or are an honorably discharged veteran of the United States Coast Guard or Armed Forces.
- Minimal criminal history: You 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.
- You were in the U.S. on August 15, 2012, and have not left the country since that date. It is important to stay in the U.S. while your application is pending because failure to do so will result in denial of your application.
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What is the cost of the application?
The total cost to apply to be considered for deferred action is $465. That includes a $385 application fee, and a biometrics (fingerprint) fee of $80. Unfortunately, these fees cannot be waived.Back to Top of Page
How do I prove that I meet the requirements to be considered for deferred action?
In order to show that you meet the requirements to be considered for deferred action, you must prove your identity, meet the presence requirements., show that you arrived before you were 16 years old, and show that have met the educational requirements (or are a veteran).The following are examples listed by USCIS of the documents you can provide:
- Proof of identity
- Passport or Identification document from your country of origin
- Birth certificate with photo identification
- School or Military ID
- Any U.S. immigration document with your name and photo
- Any other document with your name and photo
- Photo Identification Passport or national identity document from your country of origin
- Proof you came to U.S. before your 16th birthday
- Passport with admission stamp
- Form I-94/I-95/I-94W
- School records from schools you have attended while in the U.S.
- Any Immigration and Naturalization Service or Department of Homeland Security (DHS) document stating your date of entry (Form I-862, Notice to Appear)
- Travel records
- Hospital or medical records
- Proof that your lawful status expired on or prior to June 15, 2012
- Form I-94/I-95/I-94W with authorized stay expiration date
- Final order of exclusion, deportation, or removal issued as of June 15, 2012
- A charging document placing you into removal proceedings
- Proof of presence in U.S. on June 15, 2012 and that you continuously resided in the U.S. since June 15, 2007
- Rent receipts
- Utility bills
- Employment records (pay stubs, W-2 Forms, etc)
- School records (letters, report cards, etc)
- Military records (Form DD-214 or NGB Form 22)
- Official records from a religious entity confirming participation in a religious ceremony [Baptism (as the person being baptized, as parent, or God parent), First Communion, etc.]
- Copies of money order receipts for money sent in or out of the country
- Passport entries
- Birth certificates of children born in the U.S.
- Dated bank transactions
- Social Security card
- Automobile license receipts or registration
- Deeds, mortgages, rental agreement contracts
- Tax receipts, insurance policies
- Proof of your student status
- School records (transcripts, report cards, etc) from the school that you are currently attending in the United States. These records should state the school name, the periods you attended, and your current educational or grade level.
- U.S. high school diploma or certificate of completion
- U.S. GED certificate
- Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
- Form DD-214, Certificate of Release or Discharge from Active Duty
- NGB Form 22, National Guard Report of Separation and Record of Service
- Military personnel records
- Military health records
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Can I travel outside of the United States after I have been approved for Deferred Action?
There is a process called advance parole under which USCIS must approve your travel before you leave the country. If you leave without the issuance of advance parole, USCIS will automatically terminate your deferred action. This will not be issued if you want to go on a vacation, there is a limited scope under which advance parole will be provided, and it is discretionary.Back to Top of Page
Source: U.S. Citizenship and Immigration Services (USCIS).
http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process