Do You Qualify For U.S. Citizenship and Immigration Services’ Deferred Action for Childhood Arrivals?


On June 15, 2012 the Secretary of Honeland Security, Janet Napolitano announced that certain young people who were brought to the United States as young children can obtain relief from removal from the country or removal proceedings. The United States Citizenship and Immigration Services has posted that childhood arrivals may request deferred action if they:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching their 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present;

4. Were physically present in the United States on June 15, 2012, and, at the time of

making your request for consideration of deferred action with USCIS;

5. Entered without inspection before June 15, 2012, or your lawful immigration status

expired on June 15, 2012;

6. Are currently in school, have graduated or obtained a certificate of completion from

High school, have obtained a general education development (GED) certificate, or are

An honorably discharged veteran of the Coast Guard or Armed Forces of the United

States; and

7. Have not been convicted of a felony, significant misdemeanor, three or more other

misdemeanors, and do not otherwise pose a threat to national security or public


Unfortunately, deferred action does not grant you citizenship. In fact, it does not give you any legal status within the United States. As President Obama has stated numerous times, deferred action is merely recognizing that the above individuals do not pose a threat to the American people and, as such, will not be deported. Even though this is a step in the right direction towards giving the “Dreamers” citizenship, it is vital that you DO NOT apply for deferred action until you speak with an attorney about your situation. Even though you may be eligible for deferred action, it may not be in YOUR BEST INTEREST to submit an application.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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