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.