USCIS Begins Accepting Applications for Deferred Action and Work Permits from Certain Young Unauthorized Immigrants

On August 15, 2012, the U.S. Citizenship and Immigration Services (USCIS) began accepting requests for consideration of deferred action for certain young individuals who were under the age of 31 as of June 15, 2012, and who arrived to the U.S. before the age of 16. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. An individual must not be in removal proceedings in order to benefit from this program. While deferred action does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred as part of this process will not be removed from the United States for a two-year period, subject to renewal, and may also apply for employment authorization.

Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 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 your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your 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.

If you have any questions regarding deferred action for childhood arrivals (DACA), or would like assistance with the filing of an application, please contact William Flynn or  Yova Borovska.