Deferred Action for Childhood ArrivalsSeptember 10, 2012

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status. 

You may file a USCIS application for deferred action along with supporting documentation 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.

If a deferred action application is granted, the individual will not be deported for two years and will be eligible for a social security card and work permit. It is important to note that deferred action is not, however, a gateway to a green card or permanent citizenship. Instead, deferred action only provides a temporary two year protection against deportation.

The government began accepting requests on August 15^th and has accepted 40,000 requests to date. As many as 1.7 million immigrants, 30 years old and younger who have lived continuously in the U.S. for five years, could benefit from the program, according to Migration Policy Institute, a nonpartisan think tank.

The upcoming election is a major concern for those seeking to file a request because deferred action was created by executive order of the Obama Administration and is not a law. In a speech in June Mr. Romney said: “Some people have asked if I will let stand the president’s executive action. The answer is that I will put in place my own long-term solution that will replace and supersede the president’s temporary measure.”

With the political uncertainty regarding the deferred action for childhood arrivals, one thing is for certain…time is of the essence.

Ryan A. Hintzen

Attorney

The Hintzen Law Firm, PLLC