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Deferred Action

Deferred action is a discretionary, administrative relief from deportation that the United States Citizenship and Immigration Services (USCIS) grants to certain eligible individuals. It provides temporary protection from removal and allows recipients to apply for work authorization. Here’s a comprehensive guide to understanding deferred action, its significance, and the process of applying for it.

What is Deferred Action?

Deferred action is not an immigration status but a decision by USCIS to defer the removal action of an individual as an act of prosecutorial discretion. This means that, although the individual remains without legal status in the U.S., they are not prioritized for deportation. Recipients of deferred action can apply for and obtain employment authorization for the duration of the deferral.

Key Programs and Eligibility

  1. Deferred Action for Childhood Arrivals (DACA)
    • Eligibility:
      • Arrived in the U.S. before the age of 16.
      • Continuously resided in the U.S. since June 15, 2007.
      • Were under the age of 31 as of June 15, 2012.
      • Were physically present in the U.S. on June 15, 2012, and at the time of applying.
      • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or are an honorably discharged veteran.
      • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors.
    • Application Process:
      • Complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals.
      • Submit Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet.
      • Provide supporting documents, including proof of identity, age, arrival in the U.S., and continuous residence.
      • Pay the application fee.
      • Attend a biometrics appointment.
  2. Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)
    • Announced in 2014 but currently not in effect due to legal challenges and changes in administration policies.
    • Was intended for parents of U.S. citizens or lawful permanent residents who met certain criteria.

Benefits of Deferred Action

  • Protection from Deportation: Temporary relief from removal proceedings for the duration of the deferral.
  • Work Authorization: Eligibility to apply for an Employment Authorization Document (EAD), allowing recipients to work legally in the U.S.
  • Social Security Number: Ability to apply for a Social Security Number (SSN) once work authorization is granted.
  • Driver’s License: Eligibility for a driver’s license in many states.

Limitations of Deferred Action

  • Temporary Nature: Deferred action is not a path to permanent residency or citizenship.
  • Renewal Required: Recipients must renew their deferred action status periodically, typically every two years.
  • Discretionary Nature: Approval is not guaranteed and is subject to USCIS discretion.
  • No Legal Status: Recipients do not obtain lawful status in the U.S. and remain subject to immigration laws and potential changes in policy.

Recent Developments and Considerations

  • The future of deferred action programs like DACA has been subject to ongoing legal and political challenges. Court rulings and changes in administration can affect the availability and terms of these programs.
  • Individuals seeking deferred action should stay informed about the latest developments and consult with an immigration attorney to understand their rights and options.

FORMS

  • I-821D (Consideration of Deferred Action for Childhood Arrivals)
  • I-539 (Student and Exchange Visitors)

NOW YOUR LEARNED!

Deferred action provides a critical, though temporary, reprieve for eligible individuals facing deportation, allowing them to live and work in the U.S. without the immediate threat of removal. Programs like DACA have offered opportunities and stability to thousands of young immigrants. Understanding the eligibility requirements, application process, and benefits and limitations of deferred action is essential for those seeking this form of relief. For more detailed information, visit the USCIS Deferred Action page.

Navigating the complexities of deferred action requires staying informed and possibly seeking legal assistance to ensure the best possible outcome for your individual situation.