On June 15, 2012, Secretary of Homeland Security Janet Napolitano announced that the government will defer the removal of certain qualifying high school students or older who entered the U.S. as children without status, do not have disqualifying criminal records, and who are under the age of 30. The policy (NOT A LAW) does not confer legal status, a visa, or a path to permanent residency. However, it offers much deserved hope for countless of students and their families. Individuals who came to the United States as children and meet the guidelines below may be eligible for deferred action status.
GUIDELINES: You may request consideration of deferred action for childhood arrivals if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- 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;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- 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
- 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.
*** If grant, deferred action will be for a 2 year period, with the possibility of renewal, which will be considered on an individual basis.
Frequently Asked Questions
1. PEOPLE CURRENTLY IN REMOVAL PROCEEDINGS
People currently in removal proceedings will use the USCIS process when it is implemented on August 15, 2012, rather than go through ICE. Only individuals in
detention will go through ICE to make a deferred action request.
2. INFORMATION PROVIDED WILL NOT BE DISCLOSED
Information provided as part of the deferred action request process is protected from disclosure to ICE or CBP for purposes of removal proceedings unless the requestor meets the criteria of USCIS’ November 2011 NTA memo.
3. “CONTINUOUSLY PRESENT”
Short absences before August 15, 2012, reasonably calculated to accomplish the purpose of the trip, would not be interuptive. If a departure from the U.S. was due to removal, voluntary departure, etc., the absence was not brief, casual and innocent and would interupt the continuous residence that is required since June 15, 2007.
4. ELIGIBILITY: Immigration Status
Only people who are currently not in status and were not in any lawful status on June 15, 2012 are eligible.
5. DEFINITION OF “SIGNIFICANT MISDEMEANOR”
A “significant misdemeanor” is one for which the individual was sentenced to more than 90 days, or a conviction for domestic violence, sexual abuse, burglary, firearm violation, drug distribution or trafficking (but not possession), or DUI, regardless of the sentence. Therefore,minor traffic offenses, such as driving without a license, are not considered misdemeanors that count toward the “3 or more” standard.
6. FORM THAT WILL BE USED: WILL ANNOUNCE ON AUGUST 15, 2012
Applicant can submit their application by using a form that will be made available on August 14 or 15, along with the Form I-765, including biometics, which will be $465. Fee waivers will not be available, but fee exemptions will be permitted in very limited circumstances, and must be requested and approved before submitting a deferred action application without a fee.
7. “CUT OFF” DATE
Whether a person has reached age 15, and whether the requestor meets the education requirements, will be determined as of the date the request for deferred action is filed, NOT the June 15, 2012 date.
