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Are you considering applying for Deferred Action? You can only do this once, so take your time and make sure you’ve got everything in order first. To help you navigate this process, we’ve put together a list of documents you’ll need as well as a list of attorneys that we endorse.
What documents are required?
List of documents in English:
-2 passport photos
-Copy of your birth certificate
-Proof of your presence in the United States on June 15, 2021
-Proof of your presence in the United States for the five years before June 15, 2021
-Proof of your presence in the United States before the age of 16
-Your entire school record/transcripts
-Your pediatrician or medical records
-Proof that you graduated high school, have your G.E.D., or proof that you are currently enrolled in school. If you do not yet have a diploma or G.E.D., you should work on enrolling in school as soon as possible.
-If you have *ever* been charged with any crime, you NEED TO SEE AN ATTORNEY and bring all records of the charge and its disposition
-list of work and addresses for last five years
Lista de documentos en espanol:
-2 fotos de tamaño pasaporte
-Copia de su acta de nacimiento
-Pruebas de que la persona estuvo dentro de US para esta fecha junio 15, 2012
-Pruebas de que la persona ha estado en este pais por los ultimos 5 anios (de junio 15, 2012 hacia atras)
-Pruebas de que la persona esuvo dentro de los Estados Unidos antes de los 16 anos
-Las transcripciones o records de la escuela
-Records medicos o records del pediatra
-Prueba de que se graduo de High School (diploma) o de su G.E.D. o prueba de que esta actualmente inscrito en la escuela. Si no tiene un diploma o G.E.D., se le recomienda inscribirse en una escuela lo mas pronto posible.
-Si ha tenido cargos criminales, necesita traernos todos los records de los cargos y como han sido resueltos.
-Lista de los trabajos y direcciones donde ha trabajado y ha vivido por los ultimos 5 anos.
Which attorneys do we recommend?
North Carolina Dream Team is part of the Dream Activist network, and they have compiled a list of attorneys who have consistently supported our work on behalf of undocumented immigrants over the last few years. We trust them to offer sound advice and to charge a reasonable fee for their services. We encourage you to consider hiring one of them if you need help with your application. Here is a link to that list:
http://action.dreamactivist.org/DACA_Endorsed_Atty_List.pdf
What if you have a complaint about your attorney?
If you live in North Carolina and feel that you have been treated unfairly or have other concerns about your attorney, you may file a complaint at this website:
http://www.ncbar.com/public/filing.asp
If you decide to hire an attorney who is not on our list, make sure to confirm that they are who they claim to be first. Enter their name at the following website. If they’re licensed to practice law in North Carolina, their name should come up:
http://www.ncbar.gov/gxweb/mem_search.aspx
reviewed by Elizabeth Simpson and Vanessa Smart
On June 15, 2012, President Obama announced a plan to grant deferred action to undocumented youth who meet certain criteria. A similar announcement, better known as the Morton Memo, was made last year and yet undocumented youth still find themselves in the claws of the immigration enforcement machine. We have yet to see if and how effectively this new policy will be carried out. Nevertheless, below is an overview of how deferred action works and what documents to gather while you wait for the application process.
image by J. Valas
What is deferred action?
Deferred action is a discretionary practice that the Department of Homeland Security (DHS) uses to defer removal action of an individual as an act of prosecutorial discretion. In addition, individuals may obtain a permit to work legally during the period their removal action is deferred. You do not need to be in deportation proceedings to qualify for deferred action. But remember, DHS has the last word. You may meet all of the requirements for the program and still be denied deferred action. Deferred action does not put you on a pathway to citizenship.
Are you eligible for deferred action?
In order to qualify, you must meet all of the requirements below:
- you must be under the age of 31 as of June 15, 2021
- you must have arrived in the US before the age of 16
- if you’re not in removal proceedings, you must be at least 15 years old to apply
- you must have lived in the US for 5 consecutive years as of June 15, 2021
- you must have been present in the US on June 15, 2021
- you must not have been convicted of a felony offense, a significant misdemeanor offense, or three or more misdemeanor offenses
- you must not pose a threat to national security or public safety
- you must currently be in school or have graduated from high school or have obtained a general education development certificate or be an honorary discharged veteran of the Coast Guard or the US Armed Forces.
NOTE: There is currently no application process to apply for deferred action. Based on the 60-day timeline announced, one should be made available by August 2012. Also, deferred action is NOT the Dream Act and you should set up a consultation with an immigration attorney NOT a notario publico. BEWARE OF SCAMMERS.
If you are currently in deportation proceedings and you meet the criteria for deferred action, contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (Monday through Friday from 9 am to 5 pm) or by e-mail at EROPublicAdvocate@ice.dhs.gov.
If you are not in deportation proceedings, you will need to submit a request for review of your case to US Citizenship and Immigration Services (USCIS). Again, this process is not yet in effect so do not submit requests for review of your case at this time. If you have questions or to request more information on this new process, you can call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website (at http://www.uscis.gov).
What can you do to prepare for the deferred action application process?
Start collecting your documents:
- passport from your country of origin
- birth certificate
- proof of date of entry to the US before your 16th birthday (documents like financial records, medical records, school records, and employment records)
- proof of continuous presence for the last five consecutive years in the US (documents like financial records, medical records, school records, and employment records)
- letters from employers, teachers, ministers, and school records and awards certificates may also come in handy
- if you do know that you do have a criminal history, getting certified copies of the convictions, and finding people who can say that you have reformed — if that is necessary, for instance, probation officer or other person.
NOTE: There is currently no application process to apply for deferred action. Based on the 60-day timeline announced, one should be made available by August 2012. Also, deferred action is NOT the Dream Act and you should set up a consultation with an immigration attorney NOT a notario publico. BEWARE OF SCAMMERS.
For more information, check out this post on DreamActivist.org. Feel free to sign up for updates as well.
