Published on:

Deferred Action – A Blessing and a Curse for DREAMers

According to a June 15th, 2012 Department of Homeland Security memorandum, certain young individuals are eligible to file an Application for Deferred Prosecution which would defer any removal for a period of two years. The applicant can also apply for work authorization and file for a renewal of the deferred action, to extend the two years.

Potential applicants can file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and Form I765WS worksheet along with a filing fee of $465, with USCIS.

Deferred Action is simply the Government’s decision to defer removal proceedings for a specified period of time. Deferred Action is not a path to a green card or citizenship. So, although it is a blessing to many who are threatened with deportation, it is a curse because it provides no long term relief and the Government can terminate a grant of deferred action at any time.

ELIGIBILITY 1) You were under the age of 31 on June 15th, 2012,
2) You arrived in the United States before reaching your 18th birthday,
3) You continuously resided in the United States from June 15th, 2007 – present.
4) You were physically present in the United States on June 15th, 2012, as well as at the time of requesting deferred action from USCIS,
5) You entered without inspection before June 15th, 2012, or any lawful immigration status expired on or before June 15th, 2012.
6) On the date of application, you are in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are honorably discharged veteran of the U.S. Armed Forces, and
7) You have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, and do not otherwise pose a threat to national security or public safety.

If you qualify under the above criteria, the Government will review your case and make a discretionary case-by-case decision on whether to grant deferred action. You don’t need a lawyer to file an Application for Deferred Action, however, you may want to consult with an immigration lawyer to make sure Deferred Action is right for you and to understand the potential consequences.

If you have questions about Deferred Action, give us a call at 904-642-3332.