DEFERRED ACTION / ACCIÓN DIFERIDA
UPDATE: DACA Guide from Educators for Fair Consideration available HERE.
On June 15, 2012, the Department of Homeland Security (DHS) announced its intentionto give deferred action and employment authorization documents (EADs) for a periodof two years to certain young people who came to the United States as children. Theseindividuals must demonstrate that they:
- Entered the U.S. before the age of 16
- Have continuously resided in the U.S. for at least five years prior to June 15, 2012
- Were physically present in the U.S. on June 15, 2012
- Are currently in school, have graduated from high school, have obtained a GED,or are honorably discharged veterans of the Armed Forces or Coast Guard.
- Have not been convicted of a felony, a significant misdemeanor offense, multiple misdemeanors, or otherwise present a threat to national security or public safety
- Were not above the age of 30 on June 15, 2012.
While individuals who are in removal proceedings or the subject of final orders of removal can seek deferred action from Immigration & Customs Enforcement starting immediately, those who have never been in removal proceedings must wait for the U.S.Citizenship & Immigration Service (CIS) to implement procedures to receive applications for deferred action. The DHS announcement gave the CIS 60 days (August14, 2012) to implement the process. Applicants should not submit any applications before the process has been established as they will be rejected.
Although the CIS will not start accepting applications until at least August 15, 2012, individuals who may be eligible for DREAM Act deferred action can take certain steps that may require additional lead time while waiting for the process to become available. Click HERE for steps to take to prepare.
Updated “Frequently Asked Questions” (FAQ) Resource
We encourage you to use the National Immigration Law Center’s Spanish and English-language FAQ, created in collaboration with the United We Dream (UWD) Network, to learn the latest details about the deferred action process. This document is a work in progress and is being updated as DHS and U. S. Citizenship and Immigration Services (USCIS) release more details about this new policy. The FAQ was most recently updated on Friday, July 20.
Some of the most recent updates to the FAQ include:
- August 1: DHS is scheduled to announce the procedures for applying for deferred action.
- August 15: DHS is scheduled to begin accepting applications.
- Fees: There will be a deferred action application fee, but the amount hasn’t been announced by USCIS yet. A fee waiver may be available, but on a very limited basis. In addition, the costs will include fees of $380 for the employment authorization application and $85 for fingerprints.
- GED: It appears that enrollment in a GED program at the time you submit your deferred action application would meet the “be in school” requirement, but USCIS has not confirmed this.
More Resources:
What to Do While Waiting for Deferred Action
Criminal Record Warning for Deferred Action
USCIS on Deferred Action
Mexican Consolate on Deferred Action
Fact Sheets:
Prepared by the Asian American Legal Defense And Education Fund:
Bengali, Chinese, Korean, Urdu, and English
Prepared by the Asian Pacific American Legal Center:
Chinese, Korean, English, Tagalog, and Thai
