How to File for Deferred Action

On June 15, 2012, the Secretary of Homeland Security issued a memorandum outlining guidelines steps on how young undocumented immigrants, who were brought to the U.S. as children, can avoid deportation. Form I-821D, Consideration of Deferred Action for Childhood Arrivals, was created so that an applicant can request the USCIS consider deferring action on their deportation on a case-by-case basis.

Who May File Form I-821D?

1. Childhood Arrivals Who Have Never Been in Removal Proceedings

If you have never been in removal proceedings, but were in unlawful status as of June 15, 2012, submit this form to request that USCIS consider deferring action in your case. For deferred action for childhood arrivals, unlawful status means your lawful immigration status expired as of June 15, 2012, or you entered the United States without inspection. You must be 15 years of age or older at the time of filing and meet the guidelines described in the Secretary's memorandum to be considered for deferred action.

2. Childhood Arrivals Whose Removal Proceedings Were Terminated

If you were in removal proceedings, which have been terminated by the immigration judge prior to this request, you may use this form to request that USCIS consider deferring action in your case. You must be 15 years of age or older at the time of filing and meet the guidelines described in the Secretary's memorandum to be considered for deferred action.

3. Childhood Arrivals In Removal Proceedings, With a Final Removal Order, or With Voluntary Departure

If you are currently in removal proceedings, have a final removal order, or have a voluntary departure order, you may use this form to request that USCIS consider deferring action in your case, even if you are under the age of 15 at the time of filing. You must also meet the requirements described in the Secretary's memorandum, including the requirement that you were not age 31 or older on June 15, 2012, to be considered for deferred action.

What Are The Specific Eligibilities?

You arrived in the United States before you turned 16;

You are under the age of 31 as of June 15, 2012;

You have been living in the United States at least five year (in other words, you have been continuously living in the United States since June 15, 2007 up to the present time);

You entered without inspection before June 15, 2012;

You are in school or graduated or served in the military; AND

You have not been convicted of certain crimes or otherwise pose a safety threat.

Form I-821D, Consideration of Deferred Action for Childhood Arrivals

- All individuals to file Form I-821D MUST also file Form I-765, Application for Employment Authorization, and Form I-765WS, Form I-765 Worksheet.

- Include all supporting documents, such as a passport or birth certificate, school transcripts, medical and financial records and military service records. This documentation is important to prove eligibility like: you were under the age of 16 when you came to this country; that you were continuously residing in this country for 5 years (including the present time); that your lawful status has expired as of June 15,2012.

- There is no filing fee for Form I-821D. However, you must submit both filing and biometric fees for Form I-765, totaling $465 (the fee for Form I-765 is $380 plus $85 for biometrics fee).

Deferred Action Final Decision

The USCIS will review your request to determine if deferred action is appropriate in your case. Each case will be considered on a case-by-case basis. You will be notified of the decision by mail. Unfortunately, there is NO appeal or motion to reopen/reconsider the decision.

The granting of permanent residency is generally recorded as the date that you became a permanent resident.  Refugees and certain humanitarian parolees (e.g. Cuban) will have their date of adjustment of status recorded as that of their entry into the United States as a refugee. Asylees, whether the principal filer or his/her derivatives, will have their date of adjustment recorded as 1 year prior to the date of being granted permanent residence.

IMPORTANT: You must advise USCIS of a change of address.