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AILA Resources on Deferred Action (Updated 6/10/14)

Cite as "AILA InfoNet Doc. No. 12061552 (posted Jun. 10, 2014)"

On June 15, 2012, former Department of Homeland Security (DHS) Secretary Janet Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the United States as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for the duration of the grant. Individuals in removal proceedings, those with final orders or a voluntary departure order, and those who have never been in removal proceedings can affirmatively request deferred action from USCIS as long as they are not in immigration detention.

On June 5, 2014 current DHS Secretary Jeh Johnson announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has submitted to the Federal Register an updated form to allow individuals previously enrolled in DACA, to renew their deferral for a period of two years. At the direction of the Secretary, effective immediately, USCIS will begin accepting renewal requests. USCIS will also continue to accept requests for DACA from individuals who have not previously sought to access the program. As of April 2014, more than 560,000 individuals have received DACA.

See AILA's Resources on USCIS DACA renewals for more information. (AILA Doc. No. 14060541.)

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According to USCIS FAQs, an individual who meets the following criteria may apply for deferred action (AILA Doc. No. 12080365):

  1. Was under the age of 31 as of June 15, 2012;
  2. Came to the U.S. before reaching his/her 16th birthday;
  3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
  4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
  5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
  7. Has not been convicted of a felony, a "significant misdemeanor," three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

To request or renew deferred action from USCIS, individuals must submit:

  1. I-821D, Consideration of Deferred Action for Childhood Arrivals
  2. I-765, Application for Employment Authorization (cannot be e-filed)
  3. I-765 WS, Worksheet
  4. Fee of $465 (unless qualify for fee exemption)
  5. See all AILA's Resources on USCIS DACA renewals (AILA Doc. No. 14060541.)





 
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