Deferred Action for Childhood Arrivals: Who Can Be Considered?

Today, the U.S. Citizenship and Immigration Services will begin accepting requests for consideration of deferred action for childhood arrivals. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Under this process, USCIS will consider requests on a case-by-case basis. While this process does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred will not be removed from the United States for a two year period, subject to renewal, and may also receive employment authorization. To be considered for this process, applicants must show that:

  • You came to the United States before reaching your 16th birthday
  • You have continuously resided in the United States since June 15, 2007, up to the present time
  • You were under the age of 31 as of June 15, 2012
  • You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012
  • You are currently in school, have graduated or obtained your certificate of completion from high school, have obtained your general educational development certification, or you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
  • You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat
  • You were present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS

If you meet the above guidelines, and want to submit your deferred action for childhood arrivals request with USCIS, you will need to:

  • Collect documents as evidence you meet the guidelines
  • Complete USCIS Forms I-821D, I-765 and I-765 Worksheet
  • Mail USCIS the forms and fees (total $465, accompanying Form I-765)
  • Visit your local USCIS Application Support Center for a scheduled biometrics services appointment

After you file, you will be able to check the status of your request online. For more information, visit the U.S. Department of Homeland Security website for the latest news and updates on this process at www.uscis.gov/childhoodarrivals.

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