(Deferred action is a DHS decision not to pursue enforcement against a person for a specific period)
On June 15, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano issued a new memorandum explaining how prosecutorial discretion should be used with respect to individuals who came to the United States as children. Specifically, certain young people who do not present a risk to national security or public safety and meet specified criteria will be eligible to receive deferred action for two years, subject to renewal, and to apply for work authorization.
Some provisions of the memorandum took effect immediately. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) were instructed to exercise their discretion to refrain from placing individuals who meet the eligibility criteria into removal proceedings or being removed from the United States.
Eligibility criteria for deferred action:
- Arrived in the United States when they were under the age of 16;
- Have continuously resided in the United States for at least five years prior to June 15, 2012, and were present in the United States on June 15.
- Meet certain education requirements or have served in the military;
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanors, or otherwise pose a threat to national security or public safety;
- Were under the age of 31 on June 15, 2012.
Documentation that can be used to prove of presence and residence may include but is not limited to:
- Financial records;
- Medical records;
- School records;
- Employment records;
- Military records.
Documents that can be used to prove compliance with the educational requirements:
Documents that demonstrate that the individual is currently enrolled in school;
- High school diplomas;
- GED certificates;
- Report cards and school transcripts.
Documents that can be used to prove compliance with the military requirements:
- Reports of separation forms;
- Military personnel records;
- Military health records.
*It is very important to get legal advice before taking any actions; to schedule an appointment with Attorney Guirguis to review your case please call (919) 8320500.