On June 15, 2012 the Obama administration issued a memorandum announcing that the Department of Homeland Security (DHS) will exercise prosecutorial discretion by granting deferred action to certain individuals who came to the United States as children.
Deferred action is not a permanent legal status or citizenship, but in case it is granted it allows individuals to apply for work permit.
The two-year renewable deferred action is granted on a case-by-case basis.
The following criteria must be met:
- Came to the U.S. under the age of 16
- Has continuously resided in the U.S. for at least 5 years preceding the date of the memorandum and is present in the U.S. on the date of the memo (June 15, 2012)
- Is currently in school, or graduated from high school, or is a veteran
- Has no criminal record
- Is not above the age of 30.
Immigrants who are currently in removal proceedings will be eligible for deferred action, while immigrants who are not in removal proceedings will have to submit an application demonstrating their eligibility for deferred action.
Please contact the law firm of Raslan & Pla to determine if you can apply for deferred action based on the Department of Homeland Security memorandum.