Deferred Action of Young People Who Came Under 16

The Department of Homeland Security issued a memo on June 15, 2012 on the subject of deferred action of certain young people who were brought to the United States as children and, as far as they are concerned, the US is their home. DHS intends not to pursue enforcement against a person in that situation for a specific period. The time of period in deferred action status is considered a period of stay authorized by the DHS, and it does not accrue unlawful presence under immigration law in that period of time.

The DHS stated that the criteria to be satisfied are when the individuals:

  1. Came to the United States under the age of sixteen;
  2. Have continuously resided in the United States for a least five years proceeding June 15,2 012 and are present in the United States;
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
  5. are not above the age of 30.

Individuals who meet the criteria and are not currently in removal proceedings, including those subject to final orders of removal, will be able to submit applications for deferred action to US Citizenship and Immigration Services “USCIS”. USCIS will establish an application procedure on or before August 15, 2012.

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