How to File for Deferred Action if You Are in Removal Proceedings

Deferred ActionYou can apply for Deferred Action with Immigration Direct, simplifying the process and giving you step-by-step guidance.

How do you file for deferred action if you are in removal proceedings? Actually, unless you are in immigration detention you can file for the deferred action using the same process as a person not in removal proceedings.

The USCIS instructions for filing form I-821D, Consideration of Deferred Action for Childhood Arrivals, lists three categories of people who may apply. You would be in the third category titled “Childhood Arrivals in Removal Proceedings, With a Final Order, or With Voluntary Departure.”

You must meet all the eligibility requirements to apply; however, if you are under 15 years old you can apply for deferred action if you are in removal proceedings.

If you are in immigration detention and believe you are eligible for deferred action, you should speak with your detention officer or contact the ICE Office of the Public Advocate.