Latest Deferred Action requirements and guidelines

Latest Deferred Action requirements and guidelines

On August 3, 2012, the USCIS issued a new guidelines in applying for deferred action through prosecutorial discretion for young adults.  These new guidelines are incorporated in the Frequently Asked Questions issued by USCIS.

Q. Who may request deferred action through prosecutorial discretion?

A. You may request for deferred action if you:

  1. Were under age of 31 as of June 15, 2012;
  2. Came to the U.S. before reaching your 16th birthday;
  3. Have continuously resided in the United States since   June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration for deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Q.      When may individuals start applying for deferred action?

A.      Individuals may start requesting deferred action on August 15, 2012.   Earlier filing will be rejected.

Q.      Who may file for deferred action if all the above requirements are met?

A.      The following aliens may request deferred action:

  1. Aliens in removal proceedings or under final order of removal or those having an approved voluntary departure.  They should be in the United States and apply through USCIS and not through the ICE.
  2. Those who are not in removal proceedings but have satisfied the above requirements.  They should be in the United States and apply through USCIS and not through the ICE.
  3. Those who are in immigration detention but they should apply to the ICE office of Public Advocate.


Q.      Will aliens qualified for deferred action be given work authorization?

A.      Yes.  The work authorization is good for two years and is renewable.

Q.      Will the information I share in my request for deferred action be used for immigration enforcement action?

A.      Information disclosed is protected from being shared with ICE, CBP and other government agency.  This policy of protecting information disclosed also include those of the family members and guardian of the requestor.

Q.      May successful applicants for deferred action be allowed to travel abroad?

A.      Travel abroad need to be approved first by the USCIS by filing Form I-131 Application for Travel Document with the fee of $360.  USCIS will grant advance parole for humanitarian purposes, educational purposes or employment purposes.

Q.      Can I request for deferred action if I am currently in a nonimmigrant status?

A.      No.  To qualify for deferred action you should have no immigration status or not in lawful status as of June 15, 2012.

Q.      How do I request deferred action and what is the filing fee?

A.      Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action the USCIS through the form along with a form requesting employment authorization document.  The total filing fee is $465.

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