About The Deferred Action Law...

DREAMers Studying

On June 15, 2012, the Obama Administration announced a new policy that allows young immigrants here in the United States, without documents, to qualify for temporary legal status and work permission.

In order to qualify for this new status, you need to be less than 31 years of age as of June 15, 2012, the date of the Executive Order by Obama. (If you turn 31 after June 15, 2012, you can still apply).

There are several requirements:

  1. You must show you have continuously resided in the United States since June 15, 2007, up to the present time;
  2. You must show you 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;
  3. You can apply if you are currently in school, or have graduated from high school, or 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.
DREAMers Students

How do I apply? There are several application forms that must be filled out:

You can find the mailing address, forms and instructions on www.uscis.gov/i-821d.

What might cause an application to get rejected?

Persons convicted of a felony, significant misdemeanor, three or more other misdemeanors, or otherwise pose a threat to national security or public safety are not eligible. The rules say that a conviction for driving without a license is not a significant misdemeanor.

If you have a more serious misdemeanor or felony on your record, in some cases there may be a way to qualify by expunging your record, but you should get legal advice before applying. Under the law, a “brief, casual, and innocent” absence from the United States will not interrupt your
continuous residence. If you have left the U.S. in the last 5 years, you should get legal advice before applying.