Deferred Action

Deferred Action is a form of prosecutorial discretion not to prosecute or deport a foreign national (FN) for a specific period due to the presence of sympathetic factors. Individuals granted deferred action can request temporary work authorization (EAD). Work authorization times vary but can generally be renewed with the deferred action status is extended. Deferred action has existed for decades since President Eisenhower and recently expanded by President Obama. 

A. Deferred Action for Childhood Arrivals (DACA)

In June 2012, the Obama administration announced by executive order and then implemented the Deferred Action for Childhood Arrivals (DACA) program similar to the Dream Act to undocumented individuals who meet the following requirements:

  • Under Age 31, as of June 15, 2012

  • Came to US before 16th birthday

  • Continuously resided in US since June 15, 2007

  • Physically present in US on June 15, 2012

  • Unlawfully present, as of June 15, 2012

  • Currently in school, graduated, GED or Veteran

  • Age 15 to be able to apply

  • No significant criminal history

DACA DREAMers who apply and are granted DACA status can obtain 2 a year employment authorization document (EAD) renewable for an indefinite period.

B. DACA Renewals

DACA recipients are encouraged to apply to renew between 4 and 5 months prior to their expiration of their EAD. If they apply to early their application will be rejected, if they apply too late they risk losing work permission, being deported and acquiring unlawful presence.
DACA is not a pathway to residency or citizenship by itself, but for many it can sometimes help simplify the process of obtaining Legal Permanent Residency without having to seek a waiver or fix papers outside the county at a consulate. For instance, DACA recipients can request to travel outside the U.S. with a government grant of advanced parole. This can allow some to travel outside the U.S. without triggering bars of inadmissibility and then re-entered with parole. According to law, an admission (inspected entry), including parole, opens up permanent residency for many who have U.S. citizen spouses, children or parents who can petition them.

C. Deferred Action for Parents of Americans (DAPA) & extended daca (daca+) [NOT YET IMPLEMENTED]

On November 20, 2015, the Obama administration extended DEFERRED action by expanding DACA to an estimated 300,000 additional individuals by removing the under age 31 on June 15, 2012 requirement and changing the continual residence requirement from June 15, 2007 to the January 1, 2010. President Obama also announced he would expand deferred action to parents of U.S. citizen and LPR children (DAPA) with an estimated reach of 4 to 5 million immigrant parents. The DAPA program could open the door for certain immigrant parents who entered without inspection the opportunity to request advanced parole, then leave the country with permission, reenter with parole so that they can finally be able to get their green cards through their  U.S. citizen children who are over the age of 21 years. Unfortunately, these programs have yet to be implemented and the U.S. Supreme Court in June 2016 failed to make a decision on this issue. Once/if implemented, DAPA parents would have to meet the following requirements:

1. Be the parent of a U.S. citizen or lawful permanent resident (as of 11/20/14).

2. Have continuously lived in the U.S. since January 1, 2010.

3. Have been present in the U.S. on November 20, 2014 and not in lawful status that day

4. Have not been convicted of certain criminal offenses

5. Perhaps prove that they are currently paying taxes

D. Temporary Protective Status (TPS)

Information Coming Soon 

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