Here’s Everything You Need to Know About the New National Deferred Action Law

Posted on 08/19/13

The Announcement is finally here!!!

Starting August 15, 2012, young students living in the United States without authorization may apply for “Deferred Action For Childhood Arrivals.

Today, the Obama Administration outlined the exact procedure for young students to apply for Deferred Action (Also Known as the Dream Act Deferred Action).

Deferred Action is a policy that will allow young students, now referred to as “childhood arrivals,” to work in the United States without the fear of deportation, for a period of two years. The application for work authorization is renewable after the two-year period. It does not lead to Citizenship or any other Permanent Residency. Applications will be able to be sent in starting on August 15th to USCIS.

We have included below some highlights and suggestions for applying for Deferred Action under the new policy implemented by the Obama Administration.


As announced on June 15, 2012, each applicant must:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007;
4. 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;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. 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
7. 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.


You should start now to obtain copies of all documents to support your application. Those who plan on filing for deferred action are advised to compile documents that will support their case. We recommend that you gather documents such as:

1. Financial records;
2. Medical records;
3. Military records;
4. Affidavits;
5. School records (report cards, transcripts, diplomas GED), and
6. Work records will help to validate each of the requirements.


If a potential applicant has any minor misdemeanor or major criminal history, it is wise to consult with an experienced immigration lawyer to discuss their particular case and see if the past convictions will effect their application for Deferred Action.

If you or a loved one fits each of the criteria listed above and wants to apply for Deferred Action, he or she needs to fill the “Request For Consideration of Deferred Action for Childhood Arrivals” form from USCIS beginning ON August 15th and no earlier. Requests made prior to that date will be rejected. The total application fees will be $465 in total. The procedure in detail will be on the USCIS website (


An applicant cannot leave the United States before the decision has been made by USCIS to grant Deferred Action. If you leave before your case is finished, you cannot be considered for Deferred Action.

Once a person has been granted Deferred Action, however, they may seek special permission from the government, known as advance parole, to leave the United States and re-enter later.


Be aware that there will be non-lawyers who will be advertising to make Deferred Action applications. To pay for the services of a non-lawyer would be a very big mistake. After a request is received by the USCIS, the applicant will be scheduled for a background check and the application will be reviewed at one of the four Visa Service Centers. Each case will be reviewed individually. If the request is denied, the decision cannot be appealed and the applicant cannot re-file another application. Therefore, if you do feel that you need to hire someone to assist you with your case, it should be an experienced Immigration Lawyer, and not anyone else!

Attorney James A. Welcome is here to answer any questions you have and give legal advice concerning this new Deferred Action for Childhood Arrivals. If you are in Connecticut or the New York area, contact Attorney James A. Welcome at

or via the telephone number above to schedule your consultation today. Visit our website at for other free informative reports and more updates about the new changes by the Obama Administration regarding Deferred Action.