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Deferred Action for Childhood Arrivals

If you answered “Yes,” then you may qualify for deferred action for childhood arrivals. On June 15, 2012 the Secretary of Homeland Security announced that certain individuals––who came to the U.S. as children and who meet several key guidelines––may request consideration of deferred action for two years, subject to renewal. These individuals are also eligible for work authorization.

Deferred action is a discretionary determination to defer the removal action of an individual as an act of prosecutorial discretion. While deferred action does not provide an individual with lawful status, the individual is considered lawfully present in the U.S. for the term of the deferral.

WHO QUALIFIES FOR CONSIDERATION UNDER DEFERRED ACTION FOR CHILDHOOD ARRIVALS?

You qualify if you:

  • Were under the age of 31 as of June 15, 2012;
  • Came to the U.S. before reaching your 16th birthday;
  • Have continuously resided in the U.S. since June 15, 2007, up to the present time;
  • Were physically present in the U.S. on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
  • 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 U.S.; and
  • Have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

WHAT ARE THE REQUIREMENTS FOR CONSIDERATION FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS?

Individuals who meet the following criteria can apply for deferred action for childhood arrivals:

  • Are under 31 years of age as of June 15, 2012;
  • Came to the U.S. while under the age of 16;
  • Have continuously resided in the U.S. from June 15, 2007, to the present. (For purposes of calculating this five year period, brief and innocent absences from the U.S. for humanitarian reasons will not be included);
  • Entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012;
  • Were physically present in the U.S. on June 15, 2012 and at the time of making the request for consideration of deferred action with USCIS;
  • Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or Armed Forces;
  • Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors, and do not pose a threat to national security or public safety.

Applicants will have to provide documentary evidence of the above criteria. Also, every applicant must complete and pass a biographic and biometric background check.

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