What is Deferred Action?
August 14,2012
Application is out! Here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=05faf6c546129310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I-821D, Consideration of Deferred Action for Childhood Arrivals
- Download I-821D, Consideration of Deferred Action for Childhood Arrivals (1KB PDF)
- Download I-821D, Consideration of Deferred Action for Childhood Arrivals Instructions (1KB PDF)
- Download Form G-1145, E-Notification of Application/Petition Acceptance (1KB PDF)
On June 15th President Obama announced that the Department of Homeland Security would stop deporting young immigrants who meet certain conditions.What does Obama’s June 15th announcement mean?
You may be eligible in the following circumstances:
| Age | Under 31 years old on June 15, 2012
Arrived in the US before age 16 You must be at least 15 years old to apply If you are already in removal proceedings, you are supposed to be protected under this policy even if you are less than 15 years old |
| Continuous Presence | You must have lived in the United States continuously for five years, between June 15, 2007 and June 15, 2012.
You must have been present in the United States on June 15, 2012 |
| Education or military service | At least one is true:
You are currently in school You have a high school diploma You have a general equivalency diploma (GED) You were honorably discharged from the US Coast Guard or Armed Forces |
| No criminal history | You have not been convicted of anything below:
A felony A significant misdemeanor Three or more misdemeanors of any sort The Department of Homeland Security does not consider you A public safety threat A national security threat |
How is this different from the DREAM Act?
The President’s memorandum of June 15, 2012 is a temporary fix. It is not The Dream Act and it does not confer nonimmigrant or permanent residence status for the beneficiaries. The grassroots movement supporting The Dream Act must continue and groups and individuals supporting The Dream Act must continue to lobby on behalf of its passage.
Could a new president end the deferred action program?
It is possible that a new president could rescind the deferred action memo. It is too soon to know what will happen if there is a change in administration.
What is a “significant misdemeanor”?
It is not exactly clear what the government considers a significant misdemeanor. According to documents recently released by the government, significant misdemeanors may include driving under the influence, possession of a controlled substance (such as marijuana), obstruction of justice, assault, and theft. Many of these crimes would result in your detention and possible deportation. If you have a misdemeanor conviction, do not make assumptions. It is possible that the government will consider it significant even if you do not think they will. It is critically important that you consult with a licensed attorney if you have any questions in connection with what constitutes a significant misdemeanor.
What could count as a “public safety threat”?
We do not know. It is possible that the government will consider any of the following:
- Charges brought against you in juvenile court;
- Connects with gang activity or any action where the police stopped you and asked you questions about gangs or gang membership; and/or
- Any arrest or dismissed charge.
What could count as a “national security threat”?
We do not know. DHS defines this as “participation in activities that threaten the United States”. This means they can look beyond your criminal convictions.
How do I apply?
There is no application process yet – USCIS is still figuring out the details. The government has said that the process will be available by mid-August.
What should I do right now?
At this point, there are three things you should do:
- Collect any documents that can prove the date you entered the United States and remained here between June 15, 2007 and June 15, 2012. These include:
| Financial records | Examples: lease agreements, mortgage agreements, bank statements, checks, bills |
| Medical records | Examples: immunization records, a medical history report from your doctor |
| School records. | Examples: report cards, progress reports, diplomas, transcripts, GED certificates.
You will also need to submit proof of current school enrollment, a high school diploma, or a GED certificate to qualify. |
| Employment records | Examples: pay stubs, employment contracts, direct deposit slips.
Do not use employment records if they have fake information on them. |
| Military records | |
| Other documents | Any other records that will help your case from a church, union, or other organization |
- Do a background check on your criminal history. Many states have systems for you to collect this information. In many cases, you can find it on your local county website or state government websites. Make sure you get them from all states where you believe you may have been arrested or convicted. You should not apply for deferred action without doing a background check even if there is just a small chance that you have any sort of criminal record.
- Get involved with an immigrant youth group in your area. They will know the resources in your area and help you figure out the application process once it is available.
- Attend a community education forum in your area.
How much will it cost to apply?
USCIS has not released any information relating to the filing fee. We will update this information as soon as USICS announces the application procedure.
How long will it take to process the application?
We don’t know yet. Currently, the processing time for an employment authorization document is about 80 days.
Will I be able to get a driver’s license?
This depends on your state. If you are approved for deferred action, you will receive an employment authorization document (EAD). With the EAD card you can apply for a Social Security Number. You can call your state’s department of motor vehicles or visit its website to see what documents they require.
Will I be able to pay in-state tuition for college?
If you live in a state that offers in-state tuition rates for undocumented immigrants attending public colleges, you will should still be able to get those tuition rates if you have deferred action. These states include Maryland, New York, Texas, New Mexico, California, Utah, Oklahoma, Kansas, Washington, Nebraska, Illinois, Rhode Island, and Connecticut. Colorado just passed a law allowing undocumented residents to pay 150% of in-state tuition.
For other states it is less clear if immigrants with deferred action will get in-state rates. It could also vary between schools. We will be looking into this in the coming weeks.
Will I be eligible for financial aid?
You will not be eligible for federal financial aid. The states of Texas and California offer financial aid without regard to immigration status. For other states the law is less clear.
Will I be eligible to join the US military?
No.
Will I be able to travel outside of the country?
We do not know. We expect USCIS to announce it policy in connection with international travel for deferred action applicants.

Thank you for the information.
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This is a wonderful shot! The coorls are very nice, and laid out perfectly with the shapes within the image. I love the action on the flag, as well as the shadow that it casts on the ground creating more depth in the image. This is very well done. Also, as Riika points out, it was very nice to know how you did it. Great shot.Cheers
Thank you for your update.
The 57 dollar and 53 qurtaer is probably worth silver only and they are buy it now for 9 to 1. So your dollar would go for $9.00 and the qurtaer would go for 2.25. The pennies are not worth more than face value for now.
Are you smart enough to lesitn to some good advice from someone who’s been where you are? I’m betting you are because you’re seeking information on how to improve your credit score, which is a very smart thing to do. Maybe you’re hoping to buy a house one day and you know a higher
do we gotta fill out paper work ? or not yet?
not yet. not till the 15th. do not fill anything out. there is no application yet.
I’m pretty sure Calli sartted with 21 quarters-NH= 1/3 total coins(what is left is 2/3- in which half of that is spent for pizza)Pizza=1/3 total coins(add up the remaining quarters)7=1/3 total coinsbecause 7 is 1/3, just multiply 7 by 3 and that is how many quarters she sartted with!
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My question is, I came to the U.S with a VISA and the point is that the last time I got out of the U.S was in 2008 and they scanned it, so is that a problem for me to apply?
USCIS.gov says that short term departures with humanitarian means will not affect you. ex. sick relative, funeral, wedding etc.Unless you left for long periods of time.
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when we apply for the aplication.. is it possible that immigration can get us if they dont aprove the application???
no that will not happen unless you were involved in fraud or you submitted fake paperwork as evidence. Ex. false proof of being here since 5 years before June 15 2012. and so on so on.
There is no way I would give that insincere, selmeahss and vacuous man anything he has wrecked the country I think he should just leave and stay away. Brown can stay in Africa too since he loves it so much. I am so glad they have been removed from office.
I came in 2002 but one the law sb1070 my perents sent me to mexico but then i came back because i could not study over there for my spanish was not good they didn’t know how to teach me so i wanted to know if i can apply
es necesario seguir estudiando, si somos elegibles?
visit USCIS.gov si no le responden con tiempo. Debemos estar estudiando O averce graduado de la high school O tener GED O aver estado en el ejercito. No todos los requisitos. Solo uno o el otro.
my question is: we will have to provide 5yrs prove of each document?
example: 5yrs of report cards
5yrs of bank statemens
5yrs of employment(paystubs)
I read on the faq that you may submit all the evidece that you have but limit yourself to not overwhelm the people who will process your information. Do not submit packets and packets of paperwork that serves as evidence. Try school records that have ALL the years you were in the district and high school transcripts with all of your highschool years. Also medical records with one page containing all the years you went to the hospital.
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Yo entre a los estados unidos en el 2001 y pase con pasaporte esto no afectaria en nada mi aplicasion?
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I don’t think so. The rules state that:You were a student if dunirg any part of 5 calendar months of 2007 you:- Were enrolled as a full-time student at a school, or- Took a full-time, on-farm training course given by a school or a state, county, or local government agency.School. A school includes a technical, trade, or mechanical school. It does not include an on-the-job training course, correspondence school, or school offering courses only through the Internet.
Creo cumplir con todos los requisitos ecepto por la de…estar estudiando en este momento..si no estudio por el momento entonces no puedo ser elegible??
no debes estar estudiando para qualificar. Es estar estudiando O averce graduado de la high school, O aver estado en el ejercito. Es uno o el otro. no los tres. Lo de estar estudiando indica seguir en la Highschool.
Mental health iesuss are very important in my family. We have depression, bi-polar disorder, anxiety (PTSD) from the long wars, and just plain old alcohol problems. I am convinced my family has bad genetic material for so many of us to be this messed up.
i meet most of the requirements except i was born 6mnths before june 15 1981….can i still apply?
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I have a question my husband didn’t finish high school and right now he is trying to get his ged, but where he has asked they tell him that in order to get classes he needs a social security. where can i get information??
On one of the forums the principal of Precision Highs school handed out some papers and he said they can help with that .The adress is 3906 E.Broadway Rd Ste 104 Phoenix, AZ 85040 or call them at
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Tengo una?? Llegue en agosto 2001 y cumpli los 17 en febrero de ese año podria calificar para la ley de accion diferida por favor me urge una respuesta. Gracias
Debes aver llegado a los US ANTES de cumplir 16 anos de edad. Si ya los tenias entonces no fue ANTES de cumplir 16. Lo siento. Quizas no qualificas pero no pierdes nada con preguntarle a un abogado. Ves a las orientaciones que estan organizando en los estados… dependiendo en donde vives. Normalmente tienen abogados presente y da la opportunidad de acer preguntas gratuitamente. Buena Suerte Te deseo lo mejor.
I am very uneasy on getting help with attorneys regarding this matter, they are in the same building as the Mexican Consulate, I have a clear case no ifs or buts and they want $1350 before August 15! Who am I supposed to confide in when it comes to legal help if it comes down to it?
leticia you do not need a lawyer for this unless u have doubts if you have had a misdemeanor before. n the one you r talking about is that the lawyers from hernandez global?
Hola me podrian orientar en donde puedo inscribirme para obtener el GED he ido a varios sitios pero no he tenido respuesta en algunos piden ID de arizona he escuchado que en la library pero fui y dicen q no ayuda por favor ??
do i need to get background checks in every state i have lived? Also when sending in my transcripts, do they need to be official? if i live in one state yet study in another and stay in the dorms, where would i apply, or at least using which main address?
If you have been arrested in every state you live you should get your records from each state. Also Transcripts must be official and sealed to be accepted. In regard to your main address its the one you spen more time living in. Dorms are temporary so that would not be your main address. If you have doubts about the addresses check out the official form instructions @ USCIS.gov . In the form it has specific spaces for mutiple addresses. Best of Luck.
if i dont have a criminal record, have never been arrested, i live in arizona and study in new mexico, do i still need a back ground check in both states?
They recommend getting background checks that say you searched and NO criminal records were found. Since biometrics will be appointed after action is deffered I recommend you wait till they set up an appointment if you have no criminal background. Otherwise check USCIS.gov
mi pregunta es si yo vine cuando tenia 16 anos si entro o no vine en el ano 2007 si entro vine en septiembre
para calificar debiste aver llegado a los US ANTES de cumplir 16 anos. Visita USCIS.gov para verificar si gustas mas detalles. Tienen informacion en espanol.
If the person applying for deferred action is UNDERAGED (but meets the 15 yrs old minimum requisite) therefore does not have bank accounts, pay check stubs or utility bills under thier name etc. and was on summer break from school… how can they prove they were here on June 15th 2012?
Quiero saber como puedo comprobar que llegue el 2000 si cuando llegue no trabaje ni fui ala escuela fui hasta el 2001 y eso no me hace agarrar la acción diferida
hola. quisiera saber adonde puedo acudir por ayuda para llenar la aplicacion. Es necesario recurrir a un abogado
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Hello, hopefully someone has an answer, my friend is not currently working, but what about those that have, and they used a false ss, what should they do? Criminal record? But my friend used the ss for a couple months and previously never worked using any false identification, what should she do? She worked for 2months and has no previous criminal records. PLEASE respond, thank you.
Wake up to the lies
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