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Deferred action/childhood arrivals

Detroit, Michigan Immigration Lawyer

Helping Clients in and around Detroit with Deferred Actions for Childhood Arrivals

Deferred actions for childhood arrivals have been made available as a result of a result decision by the Department of Homeland Security (DHS) to focus its enforcement resources on the removal of “individuals who pose a danger to national security or a risk to public safety.” As a result of its shift in enforcement priorities, the DHS has chosen to exercise prosecutorial discretion with respect to illegal aliens in order to avoid expending resources on low priority cases, such as individuals who came to the United States as children.

Deferred actions are discretionary decisions made by the U.S. Citizenship and Immigration Services (USCIS) to defer a removal action of an individual. Although deferred action does not provide an illegal alien with lawful immigration status, the individual is eligible to lawfully remain in the United States for the period of deferred action, during which time the individual is eligible for lawful employment status.

Requirements for Deferred Action for Childhood Arrivals

Individuals who arrived in the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal. Determinations of deferred action for childhood arrivals are be made on a case-by-case basis.

According to the USCIS, if you meet the following guidelines, you may request deferred action with the USCIS for a period of two years:

  • You were under the age of 31 as of June 15, 2012
  • You came to the United States before reaching your 16th birthday
  • You have continuously resided in the United States since June 15, 2007, up to the present time
  • You were physically present in the United States on June 15, 2012, and at the time of making your request for deferred action
  • You entered the U.S. without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012
  • You are currently in school, have graduated, or obtained a high school diploma or GED certificate, or were honorably discharged from the Coast Guard or Armed Forces of the United States AND
  • You 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.

Process for Requesting Deferred Action

As of August 15, 2012, individuals wishing to request consideration of deferred action are now allowed to file their requests with the USCIS. The process of requesting deferred action can be daunting, with extensive paperwork and stringent timelines. You may wish to consult with a knowledgeable Michigan immigration attorney like Detroit-area immigration attorney David Newman. He is experienced in all aspects of immigration law, including deferred actions for childhood arrivals and relief from removal/deportation, and he can assist you with the deferred action application process.

Contact Michigan deferred action attorney David Newman at (248) 737-1824 to discuss the process and requirements for requesting consideration of deferred action for childhood arrivals.