Deferred Action Process for Young People
Effective immediately, certain young people who were brought to the United States through no fault of their own as young children may be eligible for the Deferred Action Process recently announced by Secretary Napolitano. Several key criteria will be required for relief from removal from the country. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal. Individuals who receive deferred action pursuant to the new directive will also be eligible for employment authorization.
Under this new program, individuals who prove that they meet the following criteria will be eligible for an exercise of discretion, called “Deferred Action,” on a case by case basis:
1. Were under sixteen years old when they came to the United States;
2. Are physically present in the U.S. as of June 15, 2012
3. Have continuously resided in the United States for at least five years as of June 15, 2012
4. Are currently in school, or have graduated from high school, or have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States
5. Were not convicted of a felony offense, or a significant misdemeanor offense, or multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety, and
6. Have not turned thirty years old.
DHS Secretary Napolitano stated that Deferred Action Requests will be decided on a case-by-case basis, as part of the USCIS policy on the exercise of Prosecutorial Discretion. She stressed that DHS cannot guarantee that all requests will be granted. Therefore, it is clear that not everyone who applies will be granted and only those who can prove they meet these criteria will be eligible for Deferred Action.
While this guidance takes effect immediately, USCIS and ICE expect to begin implementing the application processes within sixty days. In the meantime, individuals seeking more information should contact our office, or the office of a licensed Attorney. Seeking advice from “Notarios”, Immigration or Visa Consultants, or non-attorneys will only endanger your chances of receiving this benefit.
If you think the new program applies please contact our office at 714-479-1000 for more information, or to schedule a FREE initial consultation.
Listen to a Public Service Announcement In Spanish from the American Immigration Lawyer's Association