Filing Deferred Action for Childhood Arrivals

Published by Lucy Lu & Associates LLC, 3475 Lenox Road, Suite 730, Atlanta, GA 30326. Phone: 1.404.343.7166 or

Today, August 3, 2012, the U.S. Citizenships and Immigration Services (USCIS) announced that it would accept filing of deferred actions for childhood arrivals starting on August 15, 2012. The USCIS finally implemented the details for deferred action after President Obama issued the executive order on June 15, 2012!

Contact us today to determine whether or not you qualify for this program, and to begin the process to have your applications ready for submission on August 15, 2012.

You may request consideration of deferred action for childhood arrives with the USCIS if you:

  • Were under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching your 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • 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;
  • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  • 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
  • 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.

Here is a summary of the announcement from the USCIS today.

  • The filing fee for the deferred action is $465;
  • The USCIS will accept application for deferred action starting on August 15, 2012;
  • The USCIS will publish a new application form for the deferred action before or on August 15, 2012;
  • The applications shall be mailed along with required supporting documents to the USCIS lockbox;
  • If applicants have never been in removal proceedings, or removal proceedings have been terminated before their requests for deferred action for childhood arrivals, they must be at least 15 years of age or older at the filing of filing. If applicants are in removal proceedings, have a final removal order or have a voluntary departure order, they may request deferred action for childhood arrivals even if they are under age of 15 at the time of filing;
  • All applicants would be required to take biometrics after filing the applications;
  • All applicants would be able to apply for employment authorization;
  • The deferred action would be granted for 2-year period and an extension may be granted afterwards;
  • Advance parole for international travels will be available after the deferred action is granted. The USCIS will consider the advance parole for humanitarian, education, or employment grounds;
  • If applicants’ cases do not involve criminal offenses (felony, significant misdemeanor, three or more other misdemeanors), fraud or a threat to national security or public safety, those applicants would be not referred to ICE for removal proceedings even if the deferred action applications are denied;
  • Brief travels before August 15, 2012 would not interrupt applicants’ 5-year residence in the United States; and
  • Willful lies or misrepresentations will be treated as an enforcement priority and will result in applicants’ being put into removal proceedings;

Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized and any reliance on information contained herein is taken at readers’ risk. If you have specific questions, please contact our office at 1.404.343.7166 or