Deferred Action for Childhood Arrivals Process
Chicago Family Immigration Attorney
Deferred action is the discretionary decision made by the U.S. Citizenship and Immigration Services (USCIS) to defer a removal action of an individual. Although the deferred action does not provide lawful status to the individual, the individual is eligible to lawfully remain in the United States for the period of deferred action. During the period of deferred action, the individual is eligible for lawful employment status.
Deferred Action for Childhood Arrivals
As part of the USCIS’s attempts to focus on public safety, border security, and integrity, the Department of Homeland Security (DHS) is choosing to focus its enforcement resources on the removal of “individuals who pose a danger to national security or a risk to public safety.” The DHS has chosen to exercise prosecutorial discretion in order to avoid expending resources on low priority cases, such as individuals who came to the United States as children.
Accordingly, on June 15, 2012, the Secretary of Homeland Security announced that individuals who arrived in 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. Determinations of deferred action for childhood arrivals will be made on a case-by-case basis.
According to the USCIS, if you meet the following guidelines, you may request deferred action with the USCIS for a period of two years:
- You were under the age of 31 as of June 15, 2012
- 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 physically present in the United States on June 15, 2012, and at the time of making your request for deferred action
- You entered the U.S. 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 a high school diploma or GED certificate, or were honorably discharged from the Coast Guard or Armed Forces of the United States AND
- You 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.
Process for Requesting Deferred Action
If you meet the aforementioned guidelines, you may begin to request consideration of deferred action for childhood arrivals on August 15, 2012. It is important that you do not file your request for consideration of deferred action early, as your request will be rejected.
You may wish to consult with a knowledgeable Chicago immigration attorney. At The Shapiro Law Group, our Chicago immigration attorneys have more than 30 years of experience helping clients with their immigration and citizenship needs. We are well-versed in the various immigration options, including deferred actions for childhood arrivals, and we can assist you with the application process.
Contact us at (847) 564-0712 to discuss the process and requirements for requesting consideration of deferred action for childhood arrivals.