Need Reliable Information About Deferred Action? Look No Further!

Click here to check out the American Immigration Lawyers Association (AILA) Deferred Action Resource Page 

From the AILA public website:

From On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.

On August 3, 2012, USCIS issued revised FAQs further detailing the deferred action eligibility criteria, including disqualifying crimes and continuous residence, and providing new details on the application process, evidence, confidentiality, travel, and more. USCIS will release full details on the application procedure, including a deferred action form, on August 15, 2012. According to the new FAQs, an individual who meets the following criteria may apply for deferred action:

  • Was under the age of 31 as of June 15, 2012;
  • Came to the U.S. before reaching his/her 16th birthday;
  • Has continuously resided in the U.S. since June 15, 2007, up to the present time;
  • Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
  • Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  • 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
  • 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;

ALERT: DREAMers should NOT apply affirmatively for Deferred Action at this time. USCIS has stated that it will make all forms and instructions available on August 15, 2012. Stay tuned to this page for more information on the application process.

If you are currently in immigration detention or face imminent removal and believe you meet the criteria, identify yourself to your detention officer, contact the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) for those facing removal, or contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at

Please note: As of August 15, 2012, non-detained individuals who are in removal proceedings will no longer request deferred action to ICE, but will instead submit their applications to USCIS. Individuals with a final order of removal or a voluntary departure order will also apply through USCIS. Detained individuals will be required to obtain advance permission from ICE by identifying themselves to their assigned detention officer or by contacting the ICE Public Advocate. is an AILA sponsored consumer protection website aimed at helping community members avoid immigration scams and providing comprehensive resources to the attorneys who represent victims of UPL. Deferred Action schemes are gearing up right now, so please help spread the word! Also available in Spanish at

About David Leopold
Past President American Immigration Lawyers Association (AILA), In-the-Trenches practicing immigration Attorney, Blogger, Activist, Photographer, Educator, World Traveler. All opinions are my own.

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