What Deferred Action is.
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 alien granted deferred action 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 absolve individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.
What Deferred Action is NOT.
Deferred Action is NOT a path to citizenship or amnesty. The grant of deferred action under this new directive does not provide an individual with permanent lawful status or a pathway to obtaining permanent lawful status. Only the Congress, acting through its legislative authority, can confer the right to permanent lawful status. Moreover, Individuals who 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 are not eligible to be considered for deferred action under the new process.
How do I know if I qualify?
Individuals who qualify for the Deferred Action Process must meet these requirements:
- Came to the United States before reaching your 16th birthday.
- Have continuously resided in the United States since January 1, 2010, up to the present time (except for brief, casual, and innocent absences).
- Were physically present in the United States on January 1, 2010, and at the time of making your request for consideration of deferred action with USCIS.
- Entered without inspection before January 1, 2010, or your lawful immigration status expired as of January 1, 2010
- Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States
- 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. If you're not sure what this means click here.
Can I travel outside the United States with Deferred Action?
With Deferred Action, you can apply for Advanced Parole into the United States. Advanced Parole gives you permission to legally reenter the United States after leaving. With Deferred Action, you should not leave the United States without first obtaining Advanced Parole to reenter. To qualify for Advanced Parole, you must have a strong humanitarian reason for leaving the United States. If you mother is in the hospital in Guatemala, you may qualify for Advanced Parole. If you want to go to the beaches in Cancun, you probably don’t qualify. Also, if you have lived illegally in the United States (without Deferred Action) after the age of 18, traveling out of the United States may stop you from gaining future legal status in the United States.
What do I do now?
If you feel that this new directive affects you or members of your family, we urge you contact our offices to schedule an appointment to discuss your matter, or you can get started by clicking the link below.
