Deferred Action for Childhood Arrivals
Notes on Deferred Action
A person is eligible if he/she:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time, barring brief, casual absences (see below)
• The absence was short and reasonably calculated to accomplish the purpose for the absence;
• The absence was not because of an order of exclusion, deportation, or removal;
• The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before being placed in exclusion, deportation, or removal proceedings; and
• The purpose of the absence and/or his or her actions while outside the United States were not contrary to law.
• HOWEVER, after August 15, 2012, if the applicant travels outside of the United States, he/she will not be considered for deferred action under this process (regardless of whether or not he/she has requested it).
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school (enrolled in school on the date a request for consideration of deferred action is submitted), has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
2. If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
8. Is at least 15 years of age or older at the time of filing, and meets the other guidelines.
Examples of documentation to prove that you arrived in the US before age 16, that you have resided in the US for at least five years, and that you were physically present in the US on June 15, 2012:
Examples of documentation to prove that you are currently in school, have graduated from high school, or have obtained a general education development certificate (GED):
Examples of documentation to prove that you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States:
Notes Regarding Other Offenses
1. Required Forms:
2. Required filing fees:
3. Mail forms and fees to the proper location
In order to be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet one of the following conditions:
For evidence, USCIS will:
Please check the USCIS website (listed below) for the most current information.