Deferred Action
Given the political uncertainty following the 2016 elections
we are not filing NEW DACA applications at this time.
If you have DACA, or have any questions regarding your immigration options, 
please contact our office for an appointment.
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Immigration Attorney Tacoma

Secretary Napolitano Announces Deferred Action Process for Immigrants 

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS. 

Who is eligible? 

According to USCIS FAQs released in August 2012, an individual who meets the following criteria may apply for deferred action:

 
  1. Was under the age of 31 as of June 15, 2012;
  2. Came to the U.S. before reaching his/her 16th birthday;
  3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
  4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
  5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
  7. Has not been convicted of a felony, a "significant misdemeanor," three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety.
 

To request deferred action from USCIS, individuals must submit:

 

  1. I-821D, Consideration of Deferred Action for Childhood Arrivals
  2. I-765, Application for Employment Authorization (cannot be e-filed)
  3. I-765 WS, Worksheet
  4. Fee of $465 (unless qualify for fee exemption)

Please note: As of August 15, 2012, non-detained individuals who are in removal proceedings will no longer request deferred action to ICE, but will instead submit their applications to USCIS. Individuals with a final order of removal or a voluntary departure order will also apply through USCIS. Detained individuals will be required to obtain advance permission from ICE by identifying themselves to their assigned detention officer or by contacting the ICE Public Advocate. 

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