Deferred Action

What is deferred action?

“Deferred Action” allows the Department of Homeland Security (DHS) to exercise its  discretion and not deport an individual that it deems is a low priority for immigration enforcement. While it provides temporary relief from enforcement, it may be revoked at any time. It does not provide lawful immigration status or a path to a green card or citizenship. It does, however, allow a person to apply for employment authorization so that they may legally work in the United States.

Who may request deferred action?

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. 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. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6. 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

7. 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.

Are you eligible?

If you think you might be eligible for deferred action, you should consult an attorney immediately. There are many nuances to immigration law, and one missed step can land a person in removal proceedings. Make sure you are indeed eligible BEFORE you apply. If you would like to schedule a consultation with one of our attorneys, please click here.

NeSmith Immigration Attorneys, LLC provides immigration law services to people living in Birmingham, Montgomery, Auburn, Troy and Dothan, Alabama and the surrounding areas.