The Requirements For Deferred Action For Childhood Arrivals

Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

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.

Individuals must also complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older. Applicants will need to provide documentation to substantiate and prove that they meet the above criteria. This can include but is not limited to:

  • Passport/Entry Documents
  • School Records (report cards, high school diplomas, etc.)
  • Affidavits from parents indicating when their child was brought to the U.S.
  • Medical records
  • Other verifiable documents which show presence in the U.S.

Please note that in order to obtain this relief, the completed packages will need to be submitted with the appropriate request showing that the applicant merits and deserves to be granted this relief. We strongly recommend use of an experienced and competent Immigration Lawyer or Law Firm to assist with filing for this relief. Individuals can call The Shirazi Law Group at 1-866-960-1526 with questions or to at your convenience to schedule an appointment in order that we can prepare and file this relief on your behalf.