ImmigrationTALK: Understanding “Deferred Action” for Young Immigrants in U.S.

Oct 28, 2012 News

By: Attorney Gail S. Seeram,
It has been over four months since U.S. Secretary of Homeland Security, Janet Napolitano, and President Obama announced that certain young people who were brought to the United States as young children, who do not present a risk to national security or public safety, and meet several key criteria will be considered for the relief of deferred action for two years and will be eligible for work authorization.
Under this directive, now termed DACA (Deferred Action for Childhood Arrivals) individuals who demonstrate that they meet the following criteria will be eligible for deferred action, on a case-by-case basis AND can apply for work authorization in the U.S. if they meet the following criteria:
1.   Were under the age of 31 on June 15, 2012;
2.   Arrived in the United States before turning 16;
3.   Continuously resided in the United States from June 15, 2007, to the present;
4.   Were physically present in the United States on June 15, 2012, as well as at the time of requesting deferred action from USCIS;
5.   Entered without inspection before June 15, 2012, or any lawful immigration status expired on or before June 15, 2012;
6.   On the date of the request, are in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED)
On August 15, 2012, the forms were released to apply for this benefit for young immigrants. The forms are I-821D, I-765 and I-765WS and the filing fees are $465.00. Applicants were cautioned to attach the required documentation to prove eligibility for this temporary benefit.
If your application is denied, then you will be placed in removal proceedings.
It is important to understand that deferred action is not a legal immigration status. Deferred action is a discretionary decision by DHS (Department of Homeland Security) not to pursue enforcement against a person for a specific period. A grant of deferred action does not alter an individual’s existing immigration status or provide a path to citizenship. Thus, deferred action cannot be used to establish eligibility for an immigration status that requires maintenance of lawful status.
Deferred action, however, may allow a person to qualify for certain state benefits, such as driver license, though state requirements vary.
While deferred action does not cure any prior or subsequent period of unlawful presence, time in deferred action status is considered a period of stay authorized by the Secretary of DHS. An individual does not accrue unlawful presence while in deferred action status or while a DACA request is pending if the individual filed a request before reaching age 18. DHS can renew or terminate a grant of deferred action at any time.

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ImmigrationTALK: Understanding “Deferred Action” for Young Immigrants in U.S.

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