What is Deferred Action for Childhood Arrivals?
The Department of Homeland Security has announced that certain people who came to the United States as children and who meet several requirements may request that the government defer action for removal from the United States for a period of two years. This deferral may be renewed. A person who is granted deferred action would then be eligible for work authorization.
Who is eligible?
According to the USCIS, 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.
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.
See the USCIS web site for more information to see if you qualify for Deferred Action for Childhood Arrivals.
What will I need to prove I qualify?
You will need proof of identity, proof you came to U.S. before your 16th birthday, proof of immigration status, proof of presence in U.S. on June 15, 2012, 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 and, if applicable, proof you are an honorably discharged veteran of the U.S. Armed Forces or the U.S. Coast Guard.
What are some examples of proof of identity?
- Birth certificate with photo identification
- School or military ID with photo
- Any U.S. government immigration or other document bearing your name and photo
What are some examples of 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
What are some examples of 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
What are some examples of proof of presence in U.S. on June 15, 2012 and proof you continuously resided in U.S. since June 15, 2007?
- 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
What are some examples of 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
What are some examples of 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
What does the USCIS charge to file for consideration for deferred action for childhood arrivals?
The USCIS requires payment of fees totaling $465 to accompany the completed Form I-765 .
What are the attorney fees?
The initial consultation fee is $125. If you decide to retain the Law Offices of Jody Martin to represent you, you will receive a $125 credit to be applied to your attorney fees.
Every case is different. During the initial consultation, Jody Marten will discuss with you the estimated fees and costs. The office accepts credit cards and will be happy to arrange a payment plan for you.
For more information, contact the Law Office of Jody Marten to arrange a consultation.
USCIS forms and worksheets:
Download Form I-821D
Download Form I-765
Download Form I-765 Worksheet
Download instructions for Form I-765
Download Form G-1145