- I-821D, Consideration of Deferred Action for Childhood Arrivals
- I-765, Application for Employment Authorization
- I-765 Worksheet
- G-1145, E-Notification of Application/Petition Acceptance
Individuals who meet the following criteria from Secretary Napolitano’s June 15, 2012 memorandum will be considered for deferred action:
- Have arrived in the U.S. when they were under the age of sixteen;
- Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
- Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
- Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
- Have been under thirty-one years old on June 15, 2012.
The deferred action offer will be available to those in proceedings, as well as those who apply affirmatively. For those who apply affirmatively, individuals must be at least 15 years of age.
The USCIS has revised guidelines up on its site with quite a lot of new information regarding the deferred action process, applications for which are out, with a fee of $465. You can check your eligibility by referring to the chart here.
Please check out 9 things to do while you await the issuance of deferred action.
- Announcement by DHS Secretary Napolitano of Deferred Action Policy for Certain Undocumented Immigrant Youth
- DHS Memo Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children
- Immigration and Customs Enforcement (ICE) FAQ about June 15, 2012, Deferred Action Announcement
- U.S. Citizenship and Immigration Services FAQ about June 15, 2012, Deferred Action Announcement
- Official Transcript of the Remarks by the President on the DHS Memo Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.
Various organizations have release FAQs to help the community with the process:
- Read and spread the word about what this ‘new’ Obama immigration policy means and who is eligible: English | Spanish (Benach Ragland LLP)
- 10 Things You May Not Know About Deferred Action (Benach Ragland LLP)
- How to Prove Continuous Presence (Patrick Young, Esq)
- The Congressional Research Service also released an analysis of the June 15 memo, which is available here.
- Is Your Client In Removal Proceedings and Eligible for Deferred Action? Contact the ICE Public Advocate!
- A 06/28/2012 practice advisory from AILA and the Legal Action Center of the AIC on deferred action for certain young people who came to the United States as Children.
- Download the PowerPoint: What DREAMers Need to Know (Advocates for Human Rights) and also checkout workshop slides provided by Bromberg Law
- NIJC Factsheet: What You Need to Know …Deferred Action for DREAMers Lo Que Necesita Saber … Acción Diferida para los DREAMers
- NIJC Factsheet: Deferred Action for DREAMers – Is it necessary to see an attorney? Acción Diferida para los DREAMers – Necesito un Abogado?
- Administrative Relief for Undocumented Youth: Frequently Asked Questions (Asian Pacific American Legal Center)
- Factsheet for Individuals with Criminal Histories (developed by United We Dream, National Immigration Project of the National Lawyers’ Guild, and National Immigrant Youth Alliance)
- Obama’s DREAM Act Directive on Deferred Action Factsheet (developed by AALDEF – available in Urdu and Bengali)