USCIS has been directed to establish a process, similar to the Deferred Action for Childhood Arrivals (DACA) program, for exercising prosecutorial discretion through use of deferred action on a case-by-case basis to those applicants who:
- have, on the date of this announcement, a son of daughter who is a U.S. citizen or Lawful Permanent Resident (Green Card holder);
- have continuously resided in the U.S. since January 1, 2010;
- are physically present in the U.S. on the date of this announcement (Nov. 20, 2014), and at the time of submitting the request for deferred action with USCIS;
- have no lawful immigration status on the date of this announcement;
- are not an enforcement priority;
- present no other factors that, in the exercise of discretion, makes the deferred action grant inappropriate.
All applicants for Deferred Action must submit biometrics (fingerprints and photos) to USCIS to conduct full background checks. These applicants will be eligible for employment authorization for a period of 3 years. All applicants will be required to pay the associated fees. Contact our immigration lawyer now for a free consultation.
USCIS will begin accepting applications from eligible applicants no later than 180 days (6 months) from the date of this announcement.