The Department of Homeland Security announced on June 15, 2012, that children of immigrants who meet certain specific guidelines can request consideration for deferment of deportation for a period of two years. This action would then be subject to renewal, and would then be eligible for green card status for work authorization.
Specific Requirements
The specific requirements that must be met in order to be eligible for consideration of deferment under this act are as follows:
Were under the age of 31 as of June 15, 2012 Arrived in the United States before reaching your 16th birthday Have continuously lived in the United States for the previous 5 years Were physically present in the United States on June 15, 2012 and when making the appeal for this deferment Entered the United States without inspection, or you have your immigration status expire prior to June 15, 2012 Are currently in school, or obtained a high school diploma or GED, or are an honorably discharged veteran of the Armed Forces or Coast Guard Have not been convicted of a felony or significant misdemeanor and pose no threat to national security or public safety.Required Proof of Requirements
Documented evidence must be provided for proof of age and proof of obtaining a high school diploma or GED. Circumstantial evidence may be used to establish your time of arrival and presence in the country at the time of petition. However, affidavits must be provided to establish continuous presence in the country for the past five years. Affidavits may not be used, solely, to determine presence in the country. There must also be documented or circumstantial evidence to confirm the claims.
Employers may, without penalty, provide documentation of work provided to establish presence and work status. In general, the information obtained to establish eligibility will not be used for immigration enforcement purposes.
Pathway to Lawful Status
Obtaining deferment is not the same as obtaining lawful work status. This act only provides a means whereby the applicant may remain in the country. The Congress must act in order to provide a pathway to permanent residence or citizenship. This act provides neither.
Methods to Apply for Deferment Under this Act
One must fill out the form i821D in order to apply for deferment under the Deferred Action for Childhood Arrivals. There is also an 800-number that one can call to find out more information or to obtain a form. Other forms that must be filed are the I-765, Application for Employment Authorization, and Form I-765WS, worksheet.
The total filing fee for this program is $465 and it includes the fees for filing these forms and a biometric fee.
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