On June 15th, 2012 President Obama and the Department of Homeland Security announced that certain young people who came to the United States as children, do not present a risk to national security or public safety, and meet several other key guidelines will be considered for relief from removal from the country or from being entered into removal proceedings.
Beginning August 15, 2012, people who meet these requirements may apply for deferred action. For more information please contact United States Citizenship and Immigration Services (USCIS) by calling 1-800-375-5283 or visit www.uscis.gov/childhoodarrivals. You can also contact my Cerritos office at (562) 860-5050.
FREQUENTLY ASKED QUESTIONS:
What is deferred action for childhood arrivals?
How do I know if I may request consideration of deferred action for childhood arrivals?
How do I request consideration of deferred action for childhood arrivals?
What is the filing process?
Does deferred action provide me with a path to permanent residence status or citizenship?
Avoiding Scams and Preventing Fraud
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.
How do I know if I may request consideration of deferred action for childhood arrivals?
You may request consideration of deferred action for childhood arrivals if you:
1. Were under the age of 31 as of June 15, 2012
2. Came to the United States before reaching your 16th birthday
3. Have continuously resided in the United States since June 15, 2007, up to the present time
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 as of 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 safety.
How do I request consideration of deferred action for childhood arrivals?
Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action to USCIS through a form, along with a form requesting an employment authorization document. The total fees will be $465. USCIS expects to have the forms and instructions available on its website on August 15, 2012.
To request consideration for deferred action for childhood arrivals from USCIS, you must submit Form 1-82D, 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.
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.
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 the USCIS 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 the USCIS 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.
