Deferred Action for Childhood Arrivals

Posted byDurham Attorney

Childhood KidsDurham Attorney: Deferred Action

Our Durham attorney is focused on helping those in need understand new and evolving legal practices and processes.  As of August 15th, 2012, the federal government began a new program allowing children the arrive in the US before adulthood to apply for deferred action which will allow these individuals to remain in the country for a specified extended amount of time.

Deferred action is a process used to defer removal of a person under prosecutorial discretion. Under this discretionary process, USCIS will consider each individual situation on a case-by-case basis.  This process is NOT A path to citizenship or premanent residence; however, individuals that achieve deferred status will not be removed from the United States for a two year period. Deferred status is subject to renewal and the individual in question can also receive employment authorization. To be considered for this process, you should be able to prove (taken directly from the Whitehouse website):

  • You came to the United States before reaching your 16th birthday
  • You have continuously resided in the United States since June 15, 2007, up to the present time
  • You were under the age of 31 as of June 15, 2012
  • You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012
  • You are currently in school, have graduated or obtained your certificate of completion from high school, have obtained your general educational development certification, or you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
  • You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat
  • You were present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS

To submit for deferred action for childhood arrivals request with USCIS, you must:

  • Collect documentation that shows you meet the guidelines mentioned above
  • Fill out USCIS Forms I-821D, I-765 and I-765 Worksheet
  • Mail USCIS forms and fees (total $465, accompanying Form I-765)
  • Visit your local USCIS Application Support Center for a scheduled biometrics services appointment

To check the status of your request online visit the link provided. For the latest information on this program, visit www.uscis.gov/childhood arrivals.

For help with any and all legal situations you may find yourself or someone you love in, contact our Durham attorney for help.