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How do I Apply for Deferred Action?

August 2012 - Beginning August 15, 2012, USCIS will accept applications for consideration of deferred action through a form. A separate form will be required for consideration of a work permit along with a total fee of $465.  In order to be considered, you must show evidence that you meet the following requirements:

1. You were born after June 15, 1981;
2. You arrived in the U.S. before age 16;
3. You have continuously resided in the U.S. since June 15, 2007 until the present;
4. You were in the U.S. on June 15, 2012;
5. You entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
6. You are currently in school, graduated from high school, obtained a GED, or you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; 
7. You are at least 15 years old at the time of filing, never been in removal proceedings, or if your case was terminated before your request; and
8. Have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and do not otherwise pose a threat to public safety and national security; (you do not need to provide documentation indicating your record, however, if you have been convicted of such crimes, you may not be eligible for deferred action).

You must undergo a background check before USCIS will make its decision to approve or deny your application. USCIS may request more information, evidence, or your appearance at a USCIS office. Please note, you may reuest consideration for an extension of the two year period o deferred action and work permit.  

This process applies to any individual who can demonstrate that he or she meets the above guidelines for consideration, including those who have never been in removal proceedings, those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). The information provided in this request will be protected form disclosure to ICE and CBP for the purpose of deportation unless the requestor meets the criteria for deportations. Individuals whose cases are approved will not be referred to ICE. Their information may be shared with national security and law enforcement agencies for purposes other than removal. [Read the Full Article on the Application Process]

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