In 2012, the U.S. Department of Homeland Security became restricted on how and when they could deport undocumented youth in the U.S. If a youth qualifies under this new law, referred to as Deferred Actions, they could temporarily stay in the United States.
Deferred action is only valid for two years, but can be renewed. During that time, undocumented youths do have the option of applying for a visa or other form of permanent residency so that they do not get deported when their deferred actions expires.
How Deferred Action Works
Deferred action is a form of deportation relief. This action allows non-U.S. citizens to stay in the United States on a temporary basis. Individuals who are granted deferred action can also apply for a work permit during that period.
These cases are granted on a case-by-case basis; therefore, not everyone will qualify under the U.S. Immigration laws and DHS will decide whether or not an applicant can have deferred action.
Because deferred action is temporary, it should not be used as a permanent solution. Instead, those granted deferred actions should work toward permanent residency or finding a way to become a U.S. citizen.
Do You Qualify For Deferred Action?
You may qualify for deferred action if:
- You were under the age of 31 as of June 15, 2012 and were present in the United States.
- You came to the United States prior to your sixteenth birthday.
- You have resided in the United States continuously since June 15, 2007 up to the present time.
- You were in the U.S. on June 15, 2012 as well as at the time you requested deferred actions.
- You have no unlawful statuses as of June 15, 2012.
- You are currently a full time student or have received a high school diploma or equivalent certificate of completion from high school, such as a GED certificate or you were honorably discharged from the Coast Guard or Armed Forces of the United States.
- You have not been convicted of a felony, any severe misdemeanor and you do not pose a threat to national security or public safety.
How to Apply for Deferred Action or Renew an Existing Deferred Action Status
It is best that you speak to an experienced immigration attorney if you think you qualify for deferred action. While the basic qualifications are simple, there are additional qualifications under each category as well as documentation that must be provided in order to have your application approved.
There are also multiple forms, biometrics, and other fees that you must complete as part of your application, all which can be highly confusing to those who do not understand U.S. immigration. The attorneys at the Podskarbi Law Office understand these complex processes and can help you with your initial application or even your renewal. We may be able to help you file for a fee exemption as well – so that you do not have to pay an extraneous amount to submit your application to the U.S. government.