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Immigrants wishing to request deferred action must submit three forms:<\/p>\n
- \n
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals;<\/li>\n
- Form I-765, Application for Employment Authorization; and<\/li>\n
- Form I-765WS, Form I-765 Worksheet.<\/li>\n<\/ul>\n
When completing the forms, applicants will want to consult the detailed instructions for both Forms I-821D and I-765 (available here and here). In addition, applicants wanting to be notified by e-mail or text message that their forms have been accepted should also submit Form G-1145, E-Notification of Application\/Petitioner Acceptance. As detailed in the instructions, applicants must submit $465 in fees as well as documentation demonstrating that they satisfy the eligibility requirements.<\/p>\n
For complete information on the request process, potential applicants should visit www.uscis.gov\/childhoodarrivals<\/p>\n
What is deferred action?<\/b><\/p>
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\nDeferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate \u201can economic necessity for employment.\u201d DHS can terminate or renew deferred action at any time at the agency\u2019s discretion.<\/p>\nGuidelines for Requesting Consideration of Deferred Action For Childhood Arrivals<\/b><\/p>
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<\/a><\/div>\nWhat guidelines must I meet to be considered for deferred action for childhood arrivals?<\/b>
Pursuant to the Secretary of Homeland Security\u2019s June 15, 2012 memorandum, in order to be considered for deferred action for childhood arrivals, you must submit evidence, including support documents, showing that you:<\/p>\n- \n
- Were under the age of 31 as of June 15, 2012;<\/li>\n
- Came to the United States before reaching your 16th birthday;<\/li>\n
- Have continuously resided in the United States since June 15, 2007, up to the present time;<\/li>\n
- 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;<\/li>\n
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;<\/li>\n
- 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;<\/li>\n
- 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.<\/li>\n<\/ol>\n
These guidelines must be met for consideration of deferred action for childhood arrivals. USCIS retains the ultimate discretion on whether deferred action is appropriate in any given case.<\/p>
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