This information is from USCIS at
Over
the past three years, this Administration has undertaken an unprecedented
effort to transform the immigration enforcement system into one that focuses on
public safety, border security and the integrity of the immigration system. As
the Department of Homeland Security (DHS) continues to focus its enforcement
resources on the removal of individuals who pose a danger to national security
or a risk to public safety, including individuals convicted of crimes with
particular emphasis on violent criminals, felons, and repeat offenders, DHS
will exercise prosecutorial discretion as appropriate to ensure that
enforcement resources are not expended on low priority cases, such as
individuals who came to the United States as children and meet other key guidelines.
Individuals who demonstrate that they meet the guidelines below may request
consideration of deferred action for childhood arrivals for a period of two
years, subject to renewal, and may be eligible for employment authorization.
You may request consideration of deferred action for childhood arrivals if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching
your 16th birthday;
- Have continuously resided in the United States
since June 15, 2007, up to the present time;
- 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;
- Entered without inspection before June 15, 2012, or
your lawful immigration status expired as of June 15, 2012;
- 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
- 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 safety.
Individuals may begin to request
consideration of deferred action for childhood arrivals on August 15, 2012. Please do not file before August 15.
If you file early, your request will
be rejected. Individuals can call USCIS at 1-800-375-5283
with questions or to request more information on the deferred action for
childhood arrivals process or visit www.uscis.gov.
Frequently Asked Questions
About
Deferred Action for Childhood Arrivals
What
is deferred action?
Deferred action is a discretionary determination to defer removal action of an
individual as an act of prosecutorial discretion. Deferred action does not
confer lawful status upon an individual. In addition, although an individual
whose case is deferred will not be considered to be accruing unlawful presence
in the United States
during the period deferred action is in effect, deferred action does not excuse
individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual whose case has been deferred is
eligible to receive employment authorization for the period of deferred action,
provided he or she can demonstrate “an economic necessity for employment.” DHS
can terminate or renew deferred action at any time at the agency’s discretion.
What is deferred action for childhood
arrivals?
On June 15, 2012, the Secretary of Homeland Security announced that certain
people who came to the United
States as children and meet several key
guidelines may request consideration of deferred action for a period of two
years, subject to renewal, and would then be eligible for work authorization.
Individuals who can demonstrate through verifiable documentation that they meet
these guidelines will be considered for deferred action. Determinations will be
made on a case-by-case basis under the guidelines set forth in the Secretary of
Homeland Security’s memorandum.
If my removal is deferred pursuant to
the consideration of deferred action for childhood arrivals process, am I
eligible for employment authorization?
Yes. Pursuant to existing regulations, if your case is deferred, you may obtain
employment authorization from USCIS provided you can demonstrate an economic
necessity for employment.
Does this process apply to me if I am
currently in removal proceedings, have a final removal order, or have a
voluntary departure order?
This process is open to any individual who can demonstrate he or she meets the
guidelines for consideration, including those who have never been in removal
proceedings as well as those in removal proceedings, with a final order, or
with a voluntary departure order (as long as they are not in immigration
detention). If you are not in immigration detention and want to affirmatively
request consideration of deferred action for childhood arrivals, you must
submit your request to USCIS – not ICE – pursuant to the procedures outlined
below. If you are currently in immigration detention and believe you meet the
guidelines you should not request consideration of deferred action from USCIS
but should identify yourself to your detention officer or contact the ICE
Office of the Public Advocate through the Office’s hotline at 1-888-351-4024
(staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
Do I accrue unlawful presence if I
have a pending request for consideration of deferred action for childhood
arrivals?
You will continue to accrue unlawful presence while the request for
consideration of deferred action for childhood arrivals is pending, unless you
are under 18 years old at the time of the request. If you are under 18 years
old at the time you submit your request but turn 18 while your request is
pending with USCIS, you will not accrue unlawful presence while the request is
pending. If your case is deferred, you will not accrue unlawful presence during
the period of deferred action. Having action deferred on your case will not
excuse previously accrued unlawful presence.
If my case is deferred, am I in lawful
status for the period of deferral?
No. Although action on your case has been deferred and you do not accrue
unlawful presence during the period of deferred action, deferred action does
not confer any lawful status.
There is a significant difference between “unlawful presence” and “unlawful
status.” Unlawful presence refers to a period an individual is present in the United States
(1) without being admitted or paroled or (2) after the expiration of a period
of stay authorized by the Department of Homeland Security (such as after the
period of stay authorized by a visa has expired). Unlawful presence is relevant
only with respect to determining whether the inadmissibility bars for unlawful
presence, set forth in the Immigration and Nationality Act at Section
212(a)(9), apply to an individual if he or she departs the United States and
subsequently seeks to re-enter. (These unlawful presence bars are commonly
known as the 3- and 10-Year Bars.)
The fact that you are not accruing unlawful presence does not change whether
you are in lawful status while you remain in the United States. Because you lack
lawful status at the time DHS defers action in your case you remain subject to
all legal restrictions and prohibitions on individuals in unlawful status.
Does deferred action provide me with a
path to permanent residence status or citizenship?
No. Deferred action is a form of prosecutorial discretion that does not confer
lawful permanent resident status or a path to citizenship. Only the Congress,
acting through its legislative authority, can confer these rights.
Will my immediate relatives or
dependents be considered for deferred action for childhood arrivals?
No. The new process is open only to those who satisfy the guidelines. As such,
immediate relatives, including dependents of individuals whose cases are
deferred pursuant to the consideration of deferred action for childhood
arrivals process, may not be considered for deferred action as part of this
process unless they independently satisfy the guidelines.
Can I be considered for deferred
action even if I do not meet the guidelines to be considered for deferred
action for childhood arrivals?
This process is only for individuals who meet the specific guidelines announced
by the Secretary. Other individuals may, on a case-by-case basis, request
deferred action from USCIS or ICE in certain circumstances, consistent with
longstanding practice.
Will the information I share in my
request for consideration of deferred action for childhood arrivals be used for
immigration enforcement purposes?
Information provided in this request is protected from disclosure to U.S. Immigration
and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for
the purpose of immigration enforcement proceedings unless the requestor meets
the criteria for the issuance of a Notice To Appear or a referral to U.S.
Immigration and Customs Enforcement under the criteria set forth in USCIS’s
Notice to Appear guidance (www.uscis.gov/NTA).
Individuals whose cases are deferred pursuant to the consideration of deferred
action for childhood arrivals process will not be referred to ICE. The
information may be shared with national security and law enforcement agencies,
including ICE and CBP, for purposes other than removal, including for
assistance in the consideration of deferred action for childhood arrivals
request, to identify or prevent fraudulent claims, for national security
purposes, or for the investigation or prosecution of a criminal offense. The
above information sharing policy covers family members and guardians, in
addition to the requestor.
This policy, which may be modified, superseded, or rescinded at any time
without notice, is not intended to, does not, and may not be relied upon to
create any right or benefit, substantive or procedural, enforceable at law by
any party in any administrative, civil, or criminal matter.
If my case is referred to ICE for
immigration enforcement purposes or if I receive an NTA, will information
related to my family members and guardians also be referred to ICE for
immigration enforcement purposes?
If your case is referred to ICE for purposes of immigration enforcement or you
receive an NTA, information related to your family members or guardians that is
contained in your request will not be referred to ICE for purposes of
immigration enforcement against family members or guardians. However, that
information may be shared with national security and law enforcement agencies,
including ICE and CBP, for purposes other than removal, including for
assistance in the consideration of the deferred action for childhood arrivals
request, to identify or prevent fraudulent claims, for national security
purposes, or for the investigation or prosecution of a criminal offense.
This policy, which may be modified, superseded, or rescinded at any time
without notice, is not intended to, does not, and may not be relied upon to
create any right or benefit, substantive or procedural, enforceable at law by
any party in any administrative, civil, or criminal matter.
Does this Administration remain
committed to comprehensive immigration reform?
Yes. The Administration has consistently pressed for passage of comprehensive
immigration reform, including the DREAM Act, because the President believes
these steps are critical to building a 21st century immigration system that meets
our nation’s economic and security needs.
Is passage of the DREAM Act still
necessary in light of the new process?
Yes.The Secretary’s June 15th memorandum allowing certain people to request
consideration for deferred action is the most recent in a series of steps that
DHS has taken to focus its enforcement resources on the removal of individuals
who pose a danger to national security or a risk to public safety. Deferred
action does not provide lawful status or a pathway to citizenship. As the
President has stated, individuals who would qualify for the DREAM Act deserve
certainty about their status. Only the Congress, acting through its legislative
authority, can confer the certainty that comes with a pathway to permanent
lawful status.
Guidelines
for Requesting Consideration of Deferred Action For Childhood Arrivals
What guidelines must I meet to be
considered for deferred action for childhood arrivals?
Pursuant to the Secretary’s June 15, 2012 memorandum, in order to be considered
for deferred action for childhood arrivals, you must submit evidence, including
support documents, showing that you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching
your 16th birthday;
- Have continuously resided in the United States
since June 15, 2007, up to the present time;
- 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;
- Entered without inspection before June 15, 2012, or
your lawful immigration status expired as of June 15, 2012;
- 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;
- 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 safety.
These guidelines must be met for
consideration of deferred action for childhood arrivals. USCIS retains the
ultimate discretion on whether deferred action is appropriate in any given
case.
How old must I be in order to be considered
for deferred action under this process?
- If you have never been in removal proceedings, or your
proceedings have been terminated before your request for consideration of
deferred action for childhood arrivals, you must be at least 15 years of
age or older at the time of filing and meet the other guidelines.
- If you are in removal proceedings, have a final
removal order, or have a voluntary departure order, and are not in
immigration detention, you can request consideration of deferred action
for childhood arrivals even if you are under the age of 15 at the time of
filing and meet the other guidelines.
- In all instances, you cannot be the age of 31 or older
as of June 15, 2012 to be considered for deferred action for childhood
arrivals.
Does “currently in school” refer to
the date on which the request for consideration of deferred action is filed?
To be considered “currently in school” under the guidelines, you must be
enrolled in school on the date you submit a request for consideration of
deferred action under this process.
Who is considered to be “currently in
school” under the guidelines?
To be considered “currently in school” under the guidelines, you must be
enrolled in:
- a public or private elementary school, junior high or
middle school, high school, or secondary school;
- an education, literacy, or career training program
(including vocational training) that is designed to lead to placement in
postsecondary education, job training, or employment and where you are
working toward such placement; or
- an education program assisting students either in
obtaining a regular high school diploma or its recognized equivalent under
State law (including a certificate of completion, certificate of
attendance, or alternate award), or in passing a General Educational
Development (GED) exam or other equivalent State-authorized exam.
Such education, literacy, or career
training programs include, but are not limited to, programs funded, in whole or
in part, by Federal or State grants. Programs funded by other sources may
qualify if they are administered by providers of demonstrated effectiveness,
such as institutions of higher education, including community colleges, and
certain community-based organizations.
In assessing whether such an education, literacy or career training program not
funded in whole or in part by Federal or State grants is of demonstrated
effectiveness, USCIS will consider the duration of the program’s existence; the
program’s track record in assisting students in obtaining a regular high school
diploma or its recognized equivalent, in passing a GED or other state-authorized
exam, or in placing students in postsecondary education, job training, or
employment; and other indicators of the program’s overall quality. For
individuals seeking to demonstrate that they are “currently in school” through
enrollment in such a program, the burden is on the requestor to show the
program’s demonstrated effectiveness.
How do I establish that I am currently
in school?
Documentation sufficient for you to demonstrate that you are currently in
school may include, but is not limited to:
- evidence that you are enrolled in a public or private
elementary school, junior high or middle school, high school or secondary
school; or
- evidence that you are enrolled in an education,
literacy, or career training program (including vocational training) that
is designed to lead to placement in postsecondary education, job training,
or employment and where you are working toward such placement, and that
the program is funded in whole or in part by Federal or State grants or is
of demonstrated effectiveness; or
- evidence that you are enrolled in an education program
assisting students either in obtaining a regular high school diploma or
its recognized equivalent under State law (including a certificate of
completion, certificate of attendance, or alternate award), or in passing
a General Educational Development (GED) exam or other such
State-authorized exam, and that the program is funded in whole or in part
by Federal or State grants or is of demonstrated effectiveness.
Such
evidence of enrollment may include: acceptance letters, school registration
cards, letters from school or program, transcripts, report cards, or progress
reports showing the name of the school or program, date of enrollment, and
current educational or grade level, if relevant.
What documentation may be sufficient
to demonstrate that I have graduated from high school?
Documentation sufficient for you to demonstrate that you have graduated from
high school may include, but is not limited to, a high school diploma from a
public or private high school or secondary school, or a recognized equivalent
of a high school diploma under State law, including a General Education
Development (GED) Certificate, certificate of completion, a certificate of
attendance, or an alternate award from a public or private high school or
secondary school.
What documentation may be sufficient
to demonstrate that I have obtained a General Education Development (GED)?
Documentation sufficient for you to demonstrate that you have obtained a GED
may include, but is not limited to, evidence that you have passed a GED exam,
or other comparable State-authorized exam, and, as a result, you have received
the recognized equivalent of a regular high school diploma under State law.
If I am enrolled in a literacy or
career training program, can I meet the guidelines?
Yes, in certain circumstances. You may meet the guidelines if you are enrolled
in an education, literacy, or career training program that is designed to lead
to placement in postsecondary education, job training, or employment and where
you are working toward such placement. Such programs include, but are not
limited to, programs funded by Federal or State grants, or administered by
providers of demonstrated effectiveness.
If I am enrolled in an English as a
Second Language (ESL) program, can I meet the guidelines?
Yes, in certain circumstances. You may meet the guidelines only if you are
enrolled in an ESL program as a prerequisite for your placement in
postsecondary education, job training, or employment and where you are working
toward such placement. You must submit direct documentary evidence that your
participation in the ESL program is connected to your placement in
postsecondary education, job training or employment and that the program is one
of demonstrated effectiveness.
Will USCIS consider circumstantial
evidence that I have met the education guidelines?
No. Circumstantial evidence will not be accepted to establish that you are
currently in school, have graduated or obtained a certificate of completion
from high school, or have obtained a general education development certificate.
You must submit direct documentary evidence to satisfy that you meet the
education guidelines.
If I am currently in school and USCIS
defers action in my case, what will I have to demonstrate if I request that
USCIS renew the deferral after two years?
If you are in school at the time of your request and your case is deferred by
USCIS, in order to have your request for an extension considered, you must show
at the time of the request for renewal either (1) that you have graduated from
the school in which you were enrolled and, if that school was elementary school
or junior high or middle school, you have made substantial, measurable progress
toward graduating from high school, or, (2) you have made substantial,
measurable progress toward graduating from the school in which you were
enrolled.
If you are currently in an education program that assists students either in
obtaining a high school diploma or its recognized equivalent under State law,
or in passing a GED exam or other equivalent State-authorized exam, and your
case is deferred by USCIS, in order to have your request for an extension
considered, you must show at the time of the request for renewal that you have
obtained a high school diploma or its recognized equivalent or that you have
passed a GED or other equivalent State-authorized exam.
If you are currently enrolled in an education, literacy, or career training
program (including vocational training) that is designed to lead to placement
in postsecondary education, job training, or employment, and your case is
deferred by USCIS, in order to have your request for an extension considered,
you must show at the time of the request for renewal that you are enrolled in
postsecondary education, that you have obtained the employment for which you
were trained, or that you have made substantial, measurable progress toward
completing the program.
Specific details on the renewal process will be made available at a later date.
Do brief departures from the United States
interrupt the continuous residence requirement?
A brief, casual, and innocent absence from the United States will not interrupt
your continuous residence. If you were absent from the United States for any
period of time, your absence will be considered brief, casual, and innocent, if
it was before August 15, 2012, and:
- The absence was short and reasonably calculated to
accomplish the purpose for the absence;
- The absence was not because of an order of exclusion,
deportation, or removal;
- The absence was not because of an order of voluntary
departure, or an administrative grant of voluntary departure before you
were placed in exclusion, deportation, or removal proceedings; and
- The purpose of the absence and/or your actions while outside
the United States were not contrary to law.
May
I travel outside of the United
States before USCIS has determined whether
to defer action in my case?
No. After August 15, 2012, if you travel outside of the United States,
you will not be considered for deferred action under this process. If USCIS
defers action in your case, you will be permitted to travel outside of the United States
only if you apply for and receive advance parole from USCIS.
Any travel outside of the United
States that occurred before August 15, 2012,
will be assessed by USCIS to determine whether the travel qualifies as brief,
casual and innocent (see above).
Note: If you are in
unlawful status and/or are currently in removal proceedings, and you leave the United States
without a grant of advance parole, you will be deemed to have removed yourself
and will be subject to any applicable grounds of inadmissibility if you seek to
return.
Travel
Guidelines
|
Travel Dates
|
Type of Travel
|
Does it Affect Continuous Residence
|
|
Before
August 15, 2012
|
|
No
|
- For an extended time
- Because of an order of
exclusion, deportation, or removal
- To participate in criminal
activity
|
Yes
|
|
After
August 15, 2012 and before you have requested deferred action
|
|
Yes.
Yes. You cannot travel while your request is under review.
You cannot apply for advance parole unless and until DHS has determined
whether to defer action in your case.
|
|
After
August 15, 2012 and after you have requested deferred action
|
|
If my case is deferred pursuant to the
consideration of deferred action for childhood arrivals process, will I be able
to travel outside of the United
States?
Not automatically. If USCIS has decided to defer action in your case and you
want to travel outside the United
States, you must apply for advance parole by
filing a Form I-131, Application for Travel Document and paying the
applicable fee ($360). USCIS will determine whether your purpose for international
travel is justifiable based on the circumstances you describe in your request.
Generally, USCIS will only grant advance parole if you are traveling for
humanitarian purposes, educational purposes, or employment purposes. You may
not apply for advance parole unless and until USCIS defers action in your case
pursuant to the consideration of deferred action for childhood arrivals
process. You cannot apply for advance parole at the same time as you submit
your request for consideration of deferred action for childhood arrivals. All
advance parole requests will be considered on a case-by-case basis.
If USCIS has deferred action in your case under the deferred action for
childhood arrivals process and you are subject to a final order of removal, you
may request advance parole if you meet the guidelines for advance parole
described above. However, once you have received advance parole, you should
seek to reopen your case before the Executive Office for Immigration Review
(EOIR) and obtain administrative closure or termination before you travel
outside the country. If you have any questions about this process, you may call
the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024
(staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
If I have a conviction for a felony
offense, a significant misdemeanor offense, or multiple misdemeanors, can I
receive an exercise of prosecutorial discretion under this new process?
No. If you have been convicted of a felony offense, a significant misdemeanor
offense, or three or more other misdemeanor offenses not occurring on the same
date and not arising out of the same act, omission, or scheme of misconduct,
you will not be considered for deferred action under the new process except
where DHS determines there are exceptional circumstances.
What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by
imprisonment for a term exceeding one year.
What offenses constitute a significant
misdemeanor?
For the purposes of this process, a significant misdemeanor is a misdemeanor as
defined by federal law (specifically, one for which the maximum term of
imprisonment authorized is one year or less but greater than five days) and
that meets the following criteria:
- Regardless of the sentence imposed, is an offense of
domestic violence; sexual abuse or exploitation; burglary; unlawful
possession or use of a firearm; drug distribution or trafficking; or,
driving under the influence; or,
- If not an offense listed above, is one for which the
individual was sentenced to time in custody of more than 90 days. The
sentence must involve time to be served in custody, and therefore does not
include a suspended sentence.
The time in custody does not
include any time served beyond the sentence for the criminal offense based on a
state or local law enforcement agency honoring a detainer issued by U.S.
Immigration and Customs Enforcement (ICE). Notwithstanding the above, the
decision whether to defer action in a particular case is an individualized,
discretionary one that is made taking into account the totality of the
circumstances. Therefore, the absence of the criminal history outlined above,
or its presence, is not necessarily determinative, but is a factor to be
considered in the unreviewable exercise of discretion. DHS retains the
discretion to determine that an individual does not warrant deferred action on
the basis of a single criminal offense for which the individual was sentenced
to time in custody of 90 days or less.
What offenses constitute a
non-significant misdemeanor?
For purposes of this process, a non-significant misdemeanor is any misdemeanor
as defined by federal law (specifically, one for which the maximum term of
imprisonment authorized is one year or less but greater than five days) and
that meets the following criteria:
Is not an offense of domestic violence; sexual
abuse or exploitation; burglary; unlawful possession or use of a firearm;
drug distribution or trafficking; or, driving under the influence; and
- Is one for which the individual was sentenced
to time in custody of 90 days or less. The time in custody does not include
any time served beyond the sentence for the criminal offense based on a
state or local law enforcement agency honoring a detainer issued by ICE.
Notwithstanding
the above, the decision whether to defer action in a particular case is an
individualized, discretionary one that is made taking into account the totality
of the circumstances. Therefore, the absence of the criminal history outlined
above, or its presence, is not necessarily determinative, but is a factor to be
considered in the unreviewable exercise of discretion.
If I have a minor traffic offense,
such as driving without a license, will it be considered a non-significant
misdemeanor that counts towards the “three or more non-significant
misdemeanors” making me unable to receive consideration for an exercise of
prosecutorial discretion under this new process?
A minor traffic offense will not be considered a misdemeanor for purposes of
this process. However, your entire offense history can be considered along with
other facts to determine whether, under the totality of the circumstances, you
warrant an exercise of prosecutorial discretion.
It is important to emphasize that driving under the influence is a significant
misdemeanor regardless of the sentence imposed.
Will offenses criminalized as felonies
or misdemeanors by state immigration laws be considered felonies or
misdemeanors for purpose of this process?
No. Immigration-related offenses characterized as felonies or misdemeanors by
state immigration laws will not be treated as disqualifying felonies or
misdemeanors for the purpose of considering a request for consideration of
deferred action pursuant to this process.
Will DHS consider my expunged or
juvenile conviction as an offense making me unable to receive an exercise of
prosecutorial discretion?
Expunged convictions and juvenile convictions will not automatically disqualify
you. Your request will be assessed on a case-by-case basis to determine
whether, under the particular circumstances, a favorable exercise of
prosecutorial discretion is warranted. If you were a juvenile, but tried and
convicted as an adult, you will be treated as an adult for purposes of the
deferred action for childhood arrivals process.
What qualifies as a national security
or public safety threat?
If the background check or other information uncovered during the review of
your request for deferred action indicates that your presence in the United States
threatens public safety or national security, you will not be able to receive
consideration for an exercise of prosecutorial discretion except where DHS
determines there are exceptional circumstances. Indicators that you pose such a
threat include, but are not limited to, gang membership, participation in
criminal activities, or participation in activities that threaten the United States.
Can I request consideration of
deferred action for childhood arrivals under this process if I am currently in
a nonimmigrant status (e.g. F-1, E-2, H-4) or have Temporary Protected Status
(TPS)?
No. You can only request consideration of deferred action for childhood
arrivals under this process if you currently have no immigration status and
were not in any lawful status on June 15, 2012.
If I am not in removal proceedings but
believe I meet the guidelines for an exercise of deferred action under this
process, should I seek to place myself into removal proceedings through
encounters with CBP or ICE?
No. If you are not in removal proceedings but believe that you meet the
guidelines you should submit your request for consideration of deferred action
for childhood arrivals to USCIS under the process outlined below.
Filing
Process
How do I request consideration of
deferred action for childhood arrivals?
Beginning August 15, 2012, to request consideration of deferred action for
childhood arrivals from USCIS, you must submit Form I-821D, Consideration of
Deferred Action for Childhood Arrivals to USCIS. This form must be completed,
properly signed and accompanied by a Form I-765, Application for Employment
Authorization, and a Form I-765WS, Worksheet, establishing your economic need
for employment. If you fail to submit a completed Form I-765 (along with the
accompanying filing fees for that form, totaling $465), USCIS will not consider
your request for deferred action. Please read the form instructions to ensure
that you submit all the required documentation to support your request. All requests
received before August 15, 2012 will be rejected.
You must file your request for consideration of deferred action for childhood
arrivals at the USCIS Lockbox. You can find the mailing address and
instructions on www.uscis.gov/i-821d.
After your Form I-821D, Form I-765, and Form I-765 Worksheet have been
received, USCIS will review them for completeness, including submission of the
required fee, initial evidence and supporting documents. If it is determined
that the request is complete, USCIS will send you a receipt notice. USCIS will
then send you an appointment notice to visit an Application Support Center
(ASC) for biometric services. Please make sure you read and follow the
directions in the notice. Failure to attend your biometrics appointment may
delay processing of your request for consideration of deferred action, or may
result in a denial of your request. You may also choose to receive an email
and/or text message notifying you that your form has been accepted by
completing a Form G-1145, E-Notification of Application/Petition Acceptance.
Each request for consideration of deferred action for childhood arrivals will
be reviewed on an individual, case-by-case basis. USCIS may request more information
or evidence from you, or request that you appear at a USCIS office. USCIS will
notify you of its determination in writing.
Note: All individuals
who believe they meet the guidelines, including those in removal proceedings,
with a final removal order, or with a voluntary departure order (and not in
immigration detention), may affirmatively request consideration of deferred
action for childhood arrivals from USCIS through this process. Individuals who
are currently in immigration detention and believe they meet the guidelines may
not request consideration of deferred action from USCIS but may identify
themselves to their detention officer or to the ICE Office of the Public
Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5
p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
Will USCIS conduct a background check
when reviewing my request for consideration of deferred action for childhood
arrivals?
Yes. You must undergo biographic and biometric background checks before USCIS
will consider whether to exercise prosecutorial discretion under the
consideration of deferred action for childhood arrivals process. If you have
been convicted of any felony, a significant misdemeanor offense, three or more
misdemeanor offenses not occurring on the same date and not arising out of the
same act, omission, or scheme of misconduct, or otherwise pose a threat to national
security or public safety, you will not be considered for deferred action for
childhood arrivals except where DHS determines there are exceptional
circumstances.
What do background checks involve?
Background checks involve checking biographic and biometric information
provided by the individuals against a variety of databases maintained by DHS
and other federal government agencies.
If USCIS does not exercise deferred
action in my case, will I be placed in removal proceedings?
If you have submitted a request for consideration of deferred action for
childhood arrivals and USCIS decides not to defer action in your case, USCIS
will apply its policy guidance governing the referral of cases to U.S.
Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear
(NTA). If your case does not involve a criminal offense, fraud, or a threat to
national security or public safety, your case will not be referred to ICE for
purposes of removal proceedings except where DHS determines there are
exceptional circumstances. For more detailed information on the applicable NTA
policy visit www.uscis.gov/NTA.
If after a review of the totality of circumstances USCIS determines to defer
action in your case, USCIS will likewise exercise its discretion and will not
issue you a Notice to Appear.
Can I obtain a fee waiver or fee
exemption for this process?
There are no fee waivers available for employment authorization applications
connected to the deferred action for childhood arrivals process. There are very
limited fee exemptions available. Requests for fee exemptions must be filed and
favorably adjudicated before an individual files his/her request for
consideration of deferred action for childhood arrivals without a fee. In order
to be considered for a fee exemption, you must submit a letter and supporting
documentation to USCIS demonstrating that you meet one of the following
conditions:
- You are under 18 years of age, homeless, in foster
care or under 18 years of age and otherwise lacking any parental or other
familial support, and your income is less than 150% of the U.S.
poverty level.
- You cannot care for yourself because you suffer from a
serious, chronic disability and your income is less than 150% of the U.S. poverty
level.
- You have, at the time of the request, accumulated
$25,000 or more in debt in the past 12 months as a result of unreimbursed
medical expenses for yourself or an immediate family member, and your
income is less than 150% of the U.S. poverty level.
Beginning August 15, 2012
additional information on how to make your request for a fee exemption will be
available on www.uscis.gov/childhoodarrivals.
Your request must be submitted and decided before you submit a request for
consideration of deferred action for childhood arrivals without a fee. In order
to be considered for a fee exemption, you must provide documentary evidence to
demonstrate that you meet any of the above conditions at the time that you make
the request. For evidence USCIS will:
- Accept affidavits from community-based or
religious organizations to establish a requestor’s homelessness or lack of
parental or other familial financial support.
- Accept copies of tax returns, banks statement,
pay stubs, or other reliable evidence of income level. Evidence can also
include an affidavit from the applicant or a responsible third party
attesting that the applicant does not file tax returns, has no bank
accounts, and/or has no income to prove income level.
- Accept copies of medical records, insurance
records, bank statements, or other reliable evidence of unreimbursed
medical expenses of at least $25,000.
- Address factual questions through requests for
evidence (RFEs).
Will there be supervisory review of
decisions by USCIS under this process?
Yes. USCIS will implement a supervisory review process in all four Service
Centers to ensure a consistent process for considering requests for deferred
action for childhood arrivals. USCIS will require officers to elevate for
supervisory review those cases that involve certain factors.
Can I appeal USCIS’s determination?
No. You cannot file a motion to reopen or reconsider, and cannot appeal the
decision if USCIS denies your request for consideration of deferred action for
childhood arrivals. USCIS will not review its discretionary determinations. You
may request a review using the Service Request Management Tool (SRMT) process
if you met all of the process guidelines and you believe that your request was
denied due to one of the following errors:
- USCIS denied the request for consideration of deferred
action for childhood arrivals based on abandonment and you claim that you
did respond to a Request for Evidence within the prescribed time; or
- USCIS mailed the Request for Evidence to the wrong
address, even though you had submitted a Form AR-11, Change of Address, or
changed your address online at www.uscis.gov before the issuance of the Request for
Evidence.
Can I extend the period of deferred
action in my case?
Yes. Unless terminated, individuals whose case is deferred pursuant to the
consideration of deferred action for childhood arrivals process will not be placed
into removal proceedings or removed from the United States for a period of two
years. You may request consideration for an extension of that period of
deferred action. As long as you were not above the age of 30 on June 15, 2012,
you may request a renewal after turning 31. Your request for an extension will
be considered on a case-by-case basis.
If my period of deferred action is
extended, will I need to re-apply for an extension of my employment
authorization?
Yes. If USCIS decides to defer action for additional periods beyond the initial
two years, you must also have requested an extension of your employment
authorization.
Will USCIS personnel responsible for
reviewing requests for an exercise of prosecutorial discretion under this
process receive special training?
Yes. USCIS personnel responsible for considering requests for consideration of
deferred action for childhood arrivals will receive special training.
Evidence
|
Examples of Documents to Submit to Demonstrate
you Meet the Guidelines
|
|
Proof
of identity
|
- Passport
- Birth certificate with photo
identification
- School or military ID with
photo
- Any U.S.
government immigration or other document bearing your name and photo
|
|
Proof
you came to U.S.
before your 16th birthday
|
- Passport with admission stamp
- Form I-94/I-95/I-94W
- School records from the U.S.
schools you have attended
- Any Immigration and
Naturalization Service or DHS document stating your date of entry (Form
I-862, Notice to Appear)
- Travel records
- Hospital or medical records
|
|
Proof
of immigration status
|
- Form I-94/I-95/I-94W with
authorized stay expiration date
- Final order of exclusion,
deportation, or removal issued as of June 15, 2012
- A charging document placing
you into removal proceedings
|
|
Proof
of Presence in U.S.
on June 15, 2012
|
- Rent receipts or utility
bills
- Employment records (pay
stubs, W-2 Forms, etc)
- School records (letters,
report cards, etc)
- Military records (Form DD-214
or NGB Form 22)
- Official records from a
religious entity confirming participation in a religious ceremony
- Copies of money order
receipts for money sent in or out of the country
- Passport entries
- Birth certificates of
children born in the U.S.
- Dated bank transactions
- Social Security card
- Automobile license receipts or
registration
- Deeds, mortgages, rental
agreement contracts
- Tax receipts, insurance
policies
|
|
Proof
you continuously resided in U.S.
since June 15, 2007
|
|
Proof
of your student status at the time of requesting consideration of deferred
action for childhood arrivals
|
- School records (transcripts,
report cards, etc) from the school that you are currently attending in
the United States
showing the name(s) of the school(s) and periods of school attendance
and the current educational or grade level
- U.S. high school diploma or
certificate of completion
• U.S. GED certificate
|
|
Proof
you are an honorably discharged veteran of the U.S. Armed Forces or the U.S.
Coast Guard
|
- Form DD-214, Certificate of
Release or Discharge from Active Duty
- NGB Form 22, National Guard
Report of Separation and Record of Service
- Military personnel records
- Military health records
|
May I file affidavits as proof that
I meet the guidelines for consideration of deferred action for childhood
arrivals?
Affidavits generally will not be sufficient on their own to demonstrate that
you meet the guidelines for USCIS to consider you for deferred action for
childhood arrivals.
However, affidavits may be used to support meeting the following guidelines
only if the documentary evidence available to you is insufficient or lacking:
- A gap in the documentation demonstrating that
you meet the five year continuous residence requirement; and
- A shortcoming in documentation with respect to
the brief, casual and innocent departures during the five years of
required continuous presence.
If you submit affidavits related to
the above criteria, you must submit two or more affidavits, sworn to or
affirmed by people other than yourself, who have direct personal knowledge of
the events and circumstances. Should USCIS determine that the affidavits are
insufficient to overcome the unavailability or the lack of documentary evidence
with respect to either of these guidelines, it will issue a Request for
Evidence, indicating that further evidence must be submitted to demonstrate
that you meet these guidelines.
USCIS will not accept affidavits as proof of satisfying the following
guidelines:
- You are currently in school, have graduated or
obtained a certificate of completion from high school, have obtained a
general education development certificate, or are an honorably discharged
veteran from the Coast Guard or Armed Forces of the United States;
- You were physically present in the United States
on June 15, 2012;
- You came to the United States before reaching
your 16th birthday;
- You were under the age of 31 on June 15, 2012; and
- Your criminal history, if applicable.
If the only evidence you submit to
demonstrate you meet any of the above guidelines is an affidavit, USCIS will
issue a Request for Evidence, indicating that you have not demonstrated that
you meet these guidelines and that you must do so in order to demonstrate that
you meet that guideline.
Will USCIS consider circumstantial
evidence that I have met certain guidelines?
Circumstantial evidence may be used to establish the following guidelines and
factual showings if available documentary evidence is insufficient or lacking
and shows that:
- You were physically present in the United States
on June 15, 2012;
- You came to the United States before reaching
your 16th birthday;
- You satisfy the five year continuous residence
requirement, as long as you present direct evidence of your continued
residence in the United States for a portion of the required five-year
period and the circumstantial evidence is used only to fill in gaps in the
length of continuous residence demonstrated by the direct evidence; and
- Any travel outside the United States
during the five years of required continuous presence was brief, casual,
and innocent.
However, USCIS will not accept
circumstantial evidence as proof of any of the following guidelines to
demonstrate that you:
- Were under the age of 31 on June 15, 2012; and
- Are currently in school, have graduated or
obtained a certificate of completion from high school, have obtained a
general education development certificate, or are an honorably discharged
veteran of the Coast Guard or Armed Forces of the United States.
For example, if you do not have
documentary proof of your presence in the United States on June 15, 2012, you
may nevertheless be able to satisfy the guideline circumstantially by
submitting credible documentary evidence that you were present in the United
States shortly before and shortly after June 15, 2012, which under the facts
presented may give rise to an inference of your presence on June 15, 2012 as
well. However, circumstantial evidence will not be accepted to establish that
you have graduated high school. You must submit direct documentary evidence to
satisfy that you meet this guideline.
Cases
in Other Immigration Processes
Will I be considered to be in
unlawful status if I had an application for asylum or cancellation of removal
pending before either USCIS or the Executive Office for Immigration Review
(EOIR) on June 15, 2012?
Yes. If you had an application for asylum or cancellation of removal, or similar
relief, pending before either USCIS or EOIR as of June 15, 2012, but had no
lawful status, you may request consideration of deferred action for childhood
arrivals.
Can I request consideration of
deferred action for childhood arrivals from USCIS if I am in immigration
detention under the custody of ICE?
No. If you are currently in immigration detention, you may not request
consideration of deferred action for childhood arrivals from USCIS. If you
think you may meet the guidelines of this process, you should identify yourself
to your detention officer or contact the ICE Office of the Public Advocate so
that ICE may review your case. The ICE Office of the Public Advocate can be
reached through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5
p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov
If I am about to be removed by ICE and
believe that I meet the guidelines for consideration of deferred action for
childhood arrivals, what steps should I take to seek review of your case before
removal?
If you believe you can demonstrate that you meet the guidelines and are about
to be removed, you should immediately contact either the Law Enforcement
Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week)
or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024
(staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
If individuals meet the guidelines for
consideration of deferred action for childhood arrivals and are encountered by
Customs and Border Protection (CBP) or ICE, will they be placed into removal
proceedings?
This policy is intended to allow CBP and ICE to focus on priority cases.
Pursuant to the direction of the Secretary of Homeland Security, if an
individual meets the guidelines of this process, CBP or ICE should exercise
their discretion on a case-by-case basis to prevent qualifying individuals from
being apprehended, placed into removal proceedings, or removed. If individuals
believe that, in light of this policy, they should not have been placed into
removal proceedings, contact either the Law Enforcement Support Center’s
hotline at 1-855-448-6903
(staffed 24 hours a day, 7 days a week) or the ICE Office of the Public
Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5
p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
If I accepted an offer of
administrative closure under the case-by-case review process or my case was
terminated as part of the case-by-case review process, can I be considered for
deferred action under this process?
Yes. If you can demonstrate that you meet the guidelines, you will be able to
request consideration of deferred action for childhood arrivals even if you
have accepted an offer of administrative closure or termination under the
case-by-case review process. If you are in removal proceedings and have already
been identified as meeting the guidelines and warranting discretion as part of
ICE’s case-by-case review, ICE already has offered you deferred action for a
period of two years, subject to renewal.
If I declined an offer of
administrative closure under the case-by-case review process, can I be
considered for deferred action under this process?
Yes. If you can demonstrate that you meet the guidelines, you will be able to
request consideration of deferred action for childhood arrivals from USCIS even
if you declined an offer of administrative closure under the case-by-case
review process.
If my case was reviewed as part of the
case-by-case review process but I was not offered administrative closure, can I
be considered for deferred action under this process?
Yes. If you can demonstrate that you meet the guidelines, you will be able to
request consideration of deferred action for childhood arrivals from USCIS even
if you were not offered administrative closure following review of you case as
part of the case-by-case review process.
How will ICE and USCIS handle cases
involving individuals who do not satisfy the guidelines of this process but
believe they may warrant an exercise of prosecutorial discretion under the June
2011 Prosecutorial Discretion Memoranda?
If USCIS determines that you do not satisfy the guidelines or otherwise
determines you do not warrant an exercise of prosecutorial discretion, then it
will decline to defer action in your case. If you are currently in removal
proceedings, have a final order, or have a voluntary departure order, you may
then request ICE consider whether to exercise prosecutorial discretion under
the ICE June 2011 Prosecutorial Discretion Memoranda through any of the
established channels at ICE, including through a request to the ICE Office of
the Public Advocate or to the local Field Office Director. USCIS will not
consider requests for review under the ICE June 2011 Prosecutorial Discretion
Memoranda.
What should I do if I meet the
guidelines of this process and have been issued an ICE detainer following an
arrest by a state or local law enforcement officer?
If you meet the guidelines and have been served a detainer, you should
immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903
(staffed 24 hours a day, 7 days a week) or the ICE Office of the Public
Advocate either through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5
p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
Avoiding
Scams and Preventing Fraud
Someone told me if I pay them a
fee, they can expedite my deferred action for childhood arrivals request, is
this true?
No. There is no expedited processing for deferred action. Dishonest
practitioners may promise to provide you with faster services if you pay them a
fee. These people are trying to scam you and take your money. Visit our Avoid Scams page to learn how you can protect yourself from
immigration scams.
Make sure you seek information about requests for consideration of deferred
action for childhood arrivals from official government sources such as USCIS or
the Department of Homeland Security. If you are seeking legal advice, visit our
Find Legal Services page to learn how to choose a licensed
attorney or accredited representative.
What steps will USCIS and ICE take if
I engage in fraud through the new process?
If you knowingly make a misrepresentation, or knowingly fail to disclose facts,
in an effort to have your case deferred or obtain work authorization through
this new process, you will be treated as an immigration enforcement priority to
the fullest extent permitted by law, and be subject to criminal prosecution
and/or removal from the United
States.
