Deferred Action - What is It All About?

What does deferred action mean?

Deferred action is the prosecutorial discretion that is to be used by DHS to de-prioritize the deportation of certain undocumented immigrants. What it means is, undocumented immigrants who are in the US, whether  they are in removal proceedings, or have received deportation orders or even if they have never encountered any immigration official, can request deferred action on deportation. However, they need to meet certain eligibility requirements before they can make an application with the USCIS.

What are these eligibility requirements?

The USCIS lists the eligibility requirements as follows:

1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Are not above the age of thirty.

Secretary of Homeland Security, Janet Napolitano made this announcement on June 15, 2012. So when you look at eligibility requirement #2, it means you should have continuously resided in the US from June 15, 2007. Short trips abroad may be excused.

Similarly, applicants should not be above the age of 30 as on June 15, 2012.

What application to file to request deferred action?

USCIS has not yet announced the form that will be used to file for deferred action. However, it most likely can be the I-821D.

What happens after the application is filed?

USCIS will decide on a case-by-case basis whether the applicant is eligible for deferred action or not. If an applicant is found to be eligible he or she will be granted deferred action for 2 years and this may be renewed. Also, the applicant can apply for a work permit.

Can a person who is granted deferred action apply for a green card?

No. Deferred action is not a path to permanent residency or US citizenship.

Word of Caution

Please DO NOT send any request for deferred action before August 15, 2012. All such requests will be rejected.  

When it is time to file, do check that you have the right form and the right edition of the form. The current I-765, Application for Employment Authorization will not be accepted. USCIS will be releasing a new edition for use by applicants for deferred action.