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What Is Deferred Action?

Deferred Action is a new policy developed by the Department of Homeland Security designed to allow certain people who did not intentionally violate immigration law continue to live and work in the United States.

Children who were brought into the United States illegally and who have grown up in America did not set out to break any immigration laws. The administration decided that since they are not responsible for what happened when they were young, it is unreasonable to punish them. The DHS has decided that it is unnecessary to deport eligible immigrants if they meet certain guidelines.

In order to receive this benefit you must file an application for Deferred Action along with an application for employment authorization. If approved, you will be able to work in the United States legally.

Who Is Eligible For Deferred Action?

In order to be eligible for Deferred Action you must:

  • Have entered the United States when you were younger than 16 years of age
  • Have been in the United States for five years prior to June 15, 2012 (small trips outside of the United States for humanitarian reasons won't impact this requirement)
  • You must be under the age of 31 as of June 15, 2012
  • Have either graduated from a high school or equivalent, enrolled in school or are a veteran of the United States military
  • Submit to a background check and have a clean record without felonies, misdemeanors (other than maybe one or two small misdemeanors), or any evidence of you being a threat to the country

When you file for Deferred Action you will need to provide documentation that proves that you qualify. To demonstrate that you came to the United States before you were 16, that you have lived in the United States for five years and that you were in the United States as of June 15th, 2012 you will need financial records, medical records, school records, employment records, or military records.

To show that you are in school, graduated, in the military or were honorably discharged you will need a diploma, GEC certificate, report card, high school transcript, report of separation form, military personnel record or military health record.

Disclaimer: The information provided on this site is not legal advice but general information on issues commonly encountered when dealing with immigration matters. Immigration Direct is not affiliated with the United States government, is not a law firm, and is not a substitute for an attorney or law firm. Immigration Direct does not provide legal advice, opinions or recommendations to its users about their possible legal rights, legal remedies, legal defenses, legal options or legal strategies, selection of forms, or answers to specific questions on forms. Customer support is for technical and billing issues. Customer support will not answer legal questions. All forms that can be completed online through Immigration Direct are available as blank forms with written instructions for free from the USCIS. Immigration Direct only provides self-help services at a user's direction. Communications between you and Immigration Direct are not protected by any privilege. Purchase price does not include application or filing fees that may be charged by the United States Citizenship and Immigration Services or by any other agency. Please note that your access to and use of this site is subject to Immigration Direct's Terms of Use, which, by using this site, you are agreeing to.

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