Deferred Action For Childhood Arrivals
Representing Clients Across the Globe
This new program, initiated in 2012, allows eligible individuals without
lawful immigration status to apply for authorization to live and work
in the United States. If approved, the individual receives an employment
authorization card valid for two years. So long as the program remains
in existence, this authorization is renewable every two years.
- Initial entry into the United States prior to obtaining the age of 16.
Departure from the United States and re-entry after the age of 15 does
not make you ineligible, so long as each of the other requirements is
met. HOWEVER, any departure from the U.S. after August 15, 2012 makes
an applicant ineligible.
- Continuous physical presence in the United States since June 15, 2007 (brief
absences prior to August 15, 2012 are allowed but are evaluated on a case-by-case basis)
- Physical presence in the United States on June 15, 2012
- Current enrollment in school, high school diploma, or GED – NOTE:
Current enrollment in a GED program fulfills the education requirement.
Upon application for renewal, applicant must show completion of program.
- Under the age of 31 on June 15, 2012 – Note: Initial applications
and renewals after the age of 31 are allowed, so long as the individual
was under 31 on June 15, 2012.
- Acceptable criminal record – NOTE: All felony and some misdemeanor
convictions (including DWI) render an applicant ineligible.
Important Information for Applicants
- This is not just a simple registration process.
- Extensive documentation of each eligibility requirement is required.
- Deferred Action is a discretionary decision. Therefore, even if all eligibility
requirements are met, the application can still be denied.
- Any negative factors (including working without authorization, traffic
violations, failure to pay taxes, use of false social security number)
should be offset with positive factors showing why the applicant deserves
a positive exercise of discretion.
- DENIALS CANNOT BE APPEALED, NOR CAN THE CASE BE REOPENED OR RECONSIDERED.
- Make sure you are being represented by a licensed attorney or authorized
representative, NOT a notario. Kelli Y Allen is an attorney licensed by
the North Carolina State Bar.
Contact Kelli Y Allen Immigration Law at
(704) 870-0340 to schedule a consultation to determine your eligibility for deferred action.