Who Can Benefit from Deferred Action?

As outlined by the Department of Homeland Security (DHS) deferred action is a new process available to those who meet the criteria:

1. On June 15, 2012 you were under the age of 31;

2. You entered the U.S. prior to turning 16 years old;

3. You have continuously resided from the period beginning June 15, 2007 to Present;

4. You were physically present in the United Sates on June 15, 2012 and at the time your application for deferred action is filed with Immigration;

5. You entered the U.S. without status prior to June 15, 2012 or as of June 15, 2012 you are out of lawful immigration status;

6. You are currently pursuing an education in the United States, or you have graduated from high school or obtained the equivalent of a high school diploma, or you have been honorably discharged from the U.S. Armed Forces or the U.S. Coast Guard; and

7. You have not been convicted of a felony (a criminal offense punishable by imprisonment for a term exceeding one year), three or misdemeanors, or a significant misdemeanor, and you are not a threat to public safety or national security.

Deferred action is available only to those who meet the requirements. Immediate relatives, including spouse, children and parents of deferred action candidates are not eligible for consideration of deferred action unless they independently meet the criteria. If you do not meet the criteria for the new deferred action program you may still request prosecutorial discretion in certain limited circumstances.

Applicants who have never been in removal proceedings or immigration proceedings against you have been terminated must be at least 15 years old at the time of filing for deferred action. There is no minimum age for applicants who are currently in removal proceedings, have a final order of removal or have been granted voluntary departure. In all situations, applicants cannot be older than 31 as of June 15, 2012.

Pursuant to the required criteria for eligibility, currently pursuing an education means you are enrolled in school on the date the request for deferred action is submitted to USCIS.

Individuals who briefly departed the U.S. between June 15, 2007 and Present may still be eligible for deferred action if:

1. The time outside the U.S. was brief and reasonably calculated to accomplish the purpose for the absence;

2. The absence was not due to an order of removal, exclusion, or deportation;

3. The absence was not due to voluntary departure; and

4. The purpose of the absence was not conflicting with the law.

Applicants for deferred action may not travel outside the United States after August 15, 2012, unless USCIS grants deferred action and you apply for and receive authorization from USCIS in the form of advance parole. Travel before August 15, 2012 will be assessed under the criteria listed above to determine whether the travel was innocent, brief and casual. Applicants for advance parole will be adjudicated by USCIS upon filing an Application for Travel Document and paying the appropriate filing fee.

If you have questions about deferred action please contact us at 888.861.4414 orimmigration@rbrownllc.com

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