As of June 15, 2012, certain young people brought to the United States as children are eligible to request deferred action. U.S. Citizenship and Immigration Services (“USCIS”) is developing a process for these young people to request deferred action and will implement the process sometime in August 2012.

Deferred action is:

  • a decision made at the Department of Homeland Security’s discretion that they will not pursue enforcement against an individual for a certain period of time;
  • considered a period of stay authorized by DHS, therefore, unlawful presence will not accrue during this period.

Deferred action does not:

  • confer lawful immigration status;
  • alter an individual’s existing immigration status;
  • cure any prior period of unauthorized presence;
  • allow an individual to establish eligibility for any immigration benefit that requires maintenance of lawful status.

Who Qualifies for Deferred Action?

Eligible individuals must meet ALL of the following criteria:

  • Have arrived in the U.S. when they were under the age of 16;
  • Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
  • Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
  • Not have been convicted of a felony offense, a “significant misdemeanor offense,” or three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
  • Have been under thirty-one years old on June 15, 2012.