What is Deferred Action?

Deferred Action for Childhood Arrival is a program that allows certain people who came to the United States as children to work legally and not be deported. The Secretary of Homeland Security announced on June 15, 2012, that certain people who came to the United States as children and meet several key requirements may apply to be considered for deferred action for a period of two years. Approval of deferred action means that the person is eligible for work authorization.

What Deferred Action Means for Illegal Immigrants?

If your deferred action (DACA) is approved, then you can work in the United States legally. However, deferred action does not offer a path to citizenship. What deferred action really means is that the government will defer their action on deportation against you and grant you the permission to work if you meet certain requirements. The good news is that you get work authorization and can work legally in the United States without the fear of immigration raid (especially if you are in Arizona). Additionally, individuals who have been approved for deferred action will not be referred to U.S. Immigration and Customs Enforcement (ICE).

Requirement for Deferred Action (DACA): In order to apply for DACA you must meet the following seven requirements:

  1. You must have been under the age of 31 as of June 15, 2012
  2. You came to the United States before reaching your 16th birthday
  3. You have continuously resided in the United States Since June 15, 2007, up to the present time
  4. You 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
  5. You entered without inspection before June 15, 2012 or your lawful immigration status expired before June 15, 2012
  6. You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained general education development (GED) certificate, or are an honorable discharged veteran of the coast guard, or Armed Forces of the United States; and
  7. 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.

Is Deferred Action Renewable? Deferred Action is granted for two years subject to renewal.

Papers Needed For Deferred Action (Documents)

For further information or assistant with your deferred action case please contact our office at 602-535-2500 and speak with an attorney who has helped other illegal immigrants with their deferred action cases.

About the Author:

Lelia Adams Essien is the managing attorney at Essien Immigration Law, which is located in Phoenix, Arizona. Lelia is very passionate about immigration law and helping other immigrants because she was once an immigrant. As an immigrant, she truly understands and can personally relate to the daily struggles facing many immigrants and their families in the United States. For more information about the author click on the link below:

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Legal Notice: The information on this website does not replace legal advice and our firm is not responsible for changes in the law. Every case is unique and different, therefore past outcome is not a guarantee of future cases outcome. Free consultation by phone must be scheduled and any telephonic contact with the attorney does not establish an attorney-client relationship unless it was previously established in writing.