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.

Eligibility Requirements

  • 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.
  • 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.