On June 15, 2012 Secretary of Homeland Security announced that effective immediately if you were brought to the US as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered to receive deferred action for a period of 2 years, subject to renewal, and will be eligible to apply for work authorization.
Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case-by-case basis:
- 1) Came to the US under the age of 16;
- 2) Have continuously resided in the United States for a least 5 years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
- 3) Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
- 4) Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
- 5) Are not above the age of 30.
Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurancethat all such requests will be granted.The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
Source: U.S. Immigration and Customs Enforcement (ICE) News
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