What is Deferred Action?

It is a new program where the Department of Homeland SecurityThe mission of the DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information. -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information. is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information. web site for more information. (under which the CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Service operates) will put off deportationThe formal removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. based on deportability. Now called RemovalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability., this function is managed by U.S. Immigration and Customs Enforcement. of some undocumented immigrants who arrived in the United States as children. This has long been touted by immigration proponents as the only sensible and humane thing to do for young adults who had no control over the circumstances that led to their presence in the US. The benefits are similar in some aspects to the DREAM Act.

This is not an amnesty program, and does not provide a Green CardA wallet-sized card showing that the person is a lawful permanent resident (immigrantan alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act (INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens.) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. categories (INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens. section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens. but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.) in the United States. It is also known as a permanent resident card (PRC), an alienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States. registration receipt card and I-551Permanent residence card or alien registration receipt card or "green card.". It was formerly green in color., CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected., or even lawful status.  It does provide a two-year EAD (Employment Authorization Document), which allows an individual to then apply for a Social Security number.  There are several requirements that must be met for an application to be approved. The applicantPerson who wants something for him/herself and makes a request for it (asks for it). The request is usually in writing. must be at least 15 years old, but less than 31 as of June 15, 2012.  He/she must have entered the US before their 16th birthday. They must have resided continuously in the US since June 15, 2007, although in some cases short trips abroad may be okay. They must be physically present in the US when they file, and when the policy was announced on June 15.

An applicant cannot have been convicted of a felony, and even some misdemeanors may cause problems.  Also, the applicant must be 1] in school; 2] graduated from high school; 3] obtained a GED; or 4] be an honorably discharged veteran.  The application for Deferred Acton must include documentation that the above requirements have been met. It’s filed with USCIS forms I-812D, I-765, and I-765WS. The filing fee is $465.

Homeland Security has stated that information about the applicantPerson who wants something for him/herself and makes a request for it (asks for it). The request is usually in writing. and the applicantPerson who wants something for him/herself and makes a request for it (asks for it). The request is usually in writing. ’s family will not be routinely shared with ICE (Immigration and Customs Enforcement) for purposes of removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. (deportationThe formal removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. based on deportability. Now called RemovalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability., this function is managed by U.S. Immigration and Customs Enforcement.).  So although the risk involved is small, it must be carefully considered.

Call us and we can help you understand what your risks might be, whether you meet the requirements, and how to document the requirements. There is currently no deadline for this program, but in all cases you must file before you turn 31.