On June 15, 2012, the Obama administration announced that it will offer “deferred action” to immigrants who came to the United States as children and meet other specific requirements. This Presidential executive action instantly granted hundreds of thousands of young individuals the ability to gain temporary legal status and the right to work lawfully in the U.S. This executive action temporarily eliminates the possibility of deportation for millions of youths who qualify.
When an immigrant is granted “deferred action,” it means the Department of Homeland Security (DHS) has deemed the individual a low priority for immigration enforcement and has chosen to exercise its discretion and not deport the individual. Deferred action provides temporary relief from deportation but unfortunately may be revoked at any time due to USCIS policy change or Presidential executive order. Deferred action is not amnesty. It does not provide lawful permanent residence or a path to a green card or citizenship. It does not extend to any family members of the person granted deferred action.
As of September 13, 2023, USCIS will accept but will not process new DACA requests until the resolution of current DACA litigation making its way through the courts. However, those who have already been granted DACA may continue to renew their DACA status and accompanying Employment Authorization Documents (EADs).
Prior to September 13, 2023, individuals could request deferred action if they could demonstrate the following:
Requests for deferred action were only considered for immigrants who are 15 or older, unless they were currently in removal proceedings or had a final order of removal or voluntary departure.
Deferred Action was granted for an initial two-year period and can be renewed indefinitely as long as DACA is in effect. USCIS strongly recommends submitting DACA renewals between 120 and 150 days (4 to 5 months) before expiration.
Individuals with DACA may receive an Employment Authorization Document (EAD), that can be renewed on the same basis as their DACA. Individuals may request deferred action by submitting a series of forms and supporting documentation to USCIS proving eligibility.
Prior to the recent court injunction, Deferred Action was an excellent means of obtaining temporary immigration status, work authorization, and permission to travel outside the U.S. for emergency reasons. It provides millions of persons the ability to work legally. However, due to the September 13, 2023 court ruling, USCIS will only process renewal applications for those who have already been granted DACA status but will NOT process new DACA applications. The Law Offices of Sturman & Associates have successfully represented numerous DACA recipients. Please contact us if you are a DACA holder and have questions about your DACA status or your eligibility for other immigration benefits.