What qualifies as a national security or public safety threat?

If the background check or other information uncovered during the review of an individual's request for deferred action indicates that the individual's presence in the United States threatens public safety or national security, he or she will be ineligible for an exercise of prosecutorial discretion. Indicia that an individual poses such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States.

Will minor traffic offense, such as driving without a license be considered a non-significant misdemeanor?

A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion.
It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed.

How many non-significant misdemeanors constitute "multiple misdemeanors" making an individual ineligible for an exercise of prosecutorial discretion under this new process?

An individual who is not convicted of a significant misdemeanor but is convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct is not eligible to be considered for deferred action under this new process.

What offenses qualify as a "significant misdemeanor"?

A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

What offenses qualify as a felony?

A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.

Am I subject to background checks? and what does it involve?

You will undergo biographic and biometric background checks prior to receiving an exercise of prosecutorial discretion.

If you have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, then you are not eligible to be considered for deferred action under the new process.

The Background checks involve:

Checking biographic and biometric information provided by the individuals against a variety of databases maintained by DHS and other federal government agencies.

Does "currently in school" refer to the date on which the request for consideration of deferred action is filed?

To be considered "currently in school" under the guidelines, you must be enrolled in school on the date you submit a request for consideration of deferred action under this process. 

Does "currently in school" refer to the date on which the request for consideration of deferred action is filed?

To be considered "currently in school" under the guidelines, you must be enrolled in school on the date you submit a request for consideration of deferred action under this process. 

What documents are required to prove that I am currently in school, have graduated from high school, or have obtained a (GED) certificate?

Documents sufficient to prove that you are currently in school, have graduated from high school, or have obtained a (GED) certificate includes, but is not limited to:

• Diplomas,  
• GED certificates,
• Report Cards, and
• School Transcripts.

What documents are required to prove that I was physically present in the U.S. as of June 15, 2012?

Documents sufficient to prove that you were physically present in the U.S. as of June 15, 2012 , includes, but is not limited to:

• Bank Statements,  
• Lease Agreements, 
• Immunization or Medical Records,   
• School Transcripts,    
• Report Cards,  
• Employment Records of Pay Stubs, and 
• Utility Bills.

What documents are required to prove that I resided in the U.S. since June 15, 2007?

Documents sufficient to prove that you resided in the U.S. since June 15, 2007, includes, but is not limited to:

• Bank Statements,
• Lease Agreements, 
• Immunization or Medical Records, 
• School Transcripts,  
• Report Cards, 
• Employment Records of Pay Stubs, and
• Utility Bills.

Will I be able to travel outside of the U.S. If my case is deferred?

If USCIS has decided to defer action in your case and you want to travel outside the U. S., you must apply for advance parole by filing a Form I-131, Application for Travel Document. USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request.

Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes.

You may not apply for advance parole unless and until USCIS determines whether to defer action in your case pursuant to the consideration of deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis. 

Are there any exemptions to the continuous residence requirement?

You must demonstrate that you have resided in the U.S. for at least five years preceding June 15, 2012. Brief, casual, and innocent absences undertaken for humanitarian purposes will not violate this requirement.

What documents are required to prove that I came to the U.S. before the age of 16?

Documents sufficient to prove that you came into the U.S. under the age of 16 include, but are not limited to:

•  Bank Statements, 
• Lease Agreements, 
• Immunization or Medical Records, 
• School Transcripts, 
• Report Cards, 
• Employment Records of Pay Stubs, 
• and Utility Bills.

If I receive deferred action will my dependents and other immediate relatives also be eligible to receive deferred action?

The new process is available only to those who satisfy the eligibility criteria. 
Your dependents and other immediate relatives are not eligible to apply for deferred action unless they independently satisfy the eligibility criteria.

What if I am not in removal proceedings but I satisfy for an exercise of deferred action under this process?

If you are not in removal proceedings but believe that you satisfy the eligibility criteria, you should submit your request for review of your case to USCIS.

If my case was reviewed as part of the case-by-case review process but I was not offered administrative closure, can I receive deferred action under the new process?

If you can demonstrate that you meet the eligibility criteria you will be eligible for deferred action even if you were not offered administrative closure following review of your case as part of the case-by-case review process.

If I declined an offer of administrative closure under the case-by-case review process, can I receive deferred action under the new process?

If you can demonstrate that you meet the eligibility criteria you will be eligible for deferred action even if you declined an offer of administrative closure under the case-by-case review process.

If I accepted an offer of administrative closure under the case-by-case review process or if my case was terminated as part of the case-by-case review process, can I receive deferred action under the new process?

If you can demonstrate that you meet the eligibility criteria you will be eligible for deferred action even if you had accepted an offer of administrative closure or termination under the case-by-case review process.

If you are in removal proceedings and have already been identified as meeting the eligibility criteria as part of ICE's case-by-case review, ICE will immediately begin to offer deferred action for a period of two years, subject to renewal.

What if I am subject to a final order of removal?

If you are subject to a final order of removal and can demonstrate that you meet the eligibility criteria, you can request a review of your case and receive deferred action for a period of two years, subject to renewal. All cases will be considered on an individualized basis.

What documents are required to prove that I am 15 years of age and I was not 31 years of age at the time of June 15, 2007?

Documents sufficient to prove that you are 15 years of age and you were not 31 years of age at the time of June 15, 2007 include, but are not limited to:


•                 Birth Certificate,

•                 Copy of Passport, and

•                 Certificate of Baptism.

Does this process result in permanent lawful status or citizenship/permanent legal status for beneficiaries?

The grant of deferred action under this new directive neither provide an individual with permanent lawful status or a pathway to obtaining permanent lawful status. Nor does confer a path to citizenship or lawful permanent resident status.

Only the Congress, acting through its legislative authority, can confer these rights.

Do I need to re-apply for an extension of my employment authorization if the period of my deferred action is extended?

If you apply for and receive an extension of the period for which you were granted deferred action, you must also request an extension of your employment authorization.

Am I eligible for employment authorization If I receive deferred action?

If you receive deferred action you may apply for and may obtain employment authorization from USCIS provided that you can demonstrate an economic necessity for employment.

How long is the deferred action granted for, and can it be extended?

Grants of deferred action will be issued in increments of two years. At the expiration of the two year period, the grant of deferred action can be renewed, pending a review of the individual case.

How old must I be in order to be considered for deferred action under this process?

You must be under the age of 31 as of June 15, 2012 to be considered for deferred action for childhood arrivals.

If you have never been in removal proceedings, or your proceedings have been terminated before your request for consideration of deferred action for childhood arrivals, you must also be at least 15 years of age or older at the time of filing your request and meet the other guidelines.

If you are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention, you can request consideration of deferred action for childhood arrivals even if you are under the age of 15 at the time of filing your request and meet the other guidelines.

What Are The Required Documents For Filing Deferred Action?

When you file for Deferred Action you will need to provide documentation that proves that you qualify.

To demonstrate that you came to the United States before you were 16, that you have lived in the United States for five years and that you were in the United States as of June 15th, 2012 you will need

• Financial records, 
• Medical records, 
• School records,
• Employment records or 
• Military records.

To show that you are in school, graduated, in the military or were honorably discharged you will need a

• Diploma,
• GED certificate,
• Report card,
• High-school transcript, 
• Report of separation form, 
• Military personnel record or 
• Military health record.

Who Is Eligible For Deferred Action?

In order to be eligible for Deferred Action you must:

• Have entered the United States when you were younger than 16 years of age;
• Have been in the United States for five years prior to June 15, 2012 (small trips outside of the United States for humanitarian reasons won't impact this requirement);
• Be older than 15 to apply;
• Not be older than 30 years of age;
• Have either graduated from a high school or equivalent, enrolled in school or are a veteran of the United States military;
• Submit to a background check and have a clean record without felonies, misdemeanors (other than maybe one or two small misdemeanors), or any evidence of you being a threat to the country.