Deferred Action

DREAMers can seek 'deferred action' starting Aug 15th

In June, President Barack Obama announced a new policy to protect from removal young people commonly called "DREAMers" who were brought to the U.S. as children.

U.S. Citizenship and Immigration Services (USCIS), the agency that will oversee this process, has issued information and forms for eligible DREAMers to request "deferred action" beginning August 15, 2012.

Congresswoman Lofgren, a strong supporter of the DREAM Act, applauds the decision and wants to make sure every eligible DREAMer receives the information they need. This webpage contains important information on eligibility, documentation requirements, and resources such as instructions and official forms to help DREAMers.

DON'T BE SCAMMED!

Potential DREAMers with questions should turn to trusted community-based organizations for help, or consult a reputable attorney if you have specific concerns. Click here for more information about how to avoid being scammed.

WHO IS ELIGIBLE?

Eligibility Criteria: On August 15, 2012, USCIS will begin accepting requests for deferred action together with applications for employment authorization from persons who are at least 15 years of age and meet the specific criteria below:

• They entered the U.S. before their 16th birthday;

• They have continuously resided in the U.S. for at least five years prior to June 15, 2012, and were in the U.S. on that date;

• They were under the age of 31, as of June 15, 2012;

• As of the date their request is submitted, applicants must be currently in school; or have graduated from high school or obtained a GED; or have been honorably discharged from the Coast Guard or the Armed Forces; and

• They have not been convicted a felony offense; a "significant" misdemeanor offense; 3 or more misdemeanor offenses; or otherwise pose a threat to national security or public safety.

Deferred action will be offered for a two-year period and may be renewed.

For more detailed information, please click here to read the USCIS Frequently Asked Questions (FAQs) on the deferred action program.

 

HOW MUCH WILL IT COST?

Application Fee: The total fee will be $465. Fee exemptions will be available in very limited circumstances.

 

WHAT SHOULD I DO TO PREPARE?

DREAMers should collect relevant documents to show their eligibility for deferred action. Examples include:

• Financial records: leases, mortgages, bank statements, checks, and bills

• Medical records: immunization records or a medical history report from your doctor

• School records: report cards, diplomas, transcripts, GED certificates

• Employment records: pay stubs, employment contracts, direct deposit slips

• Other independently verifiable documents: records from a church, union, or other organization

Check official resources and attend an informational session by trusted community-based organizations, or consult a reputable attorney if you have specific concerns.

You can click here for a one-page eligibility and process explanation sheet to apply for deferred action.

 

RESOURCES TO HELP DREAMers

As of August 15th, DREAMers can begin submitting their requests for deferred action and employment authorization to the USCIS. Below you will find links to instructions and forms to apply for deferred action (Form I-821D) and employment authorization (Form I-765) from the USCIS:

Click here for instructions to fill out form I-821D requesting deferred action.

Click here for form I-821D to request deferred action.

Click here for instructions to fill out form I-765 requesting employment authorization.

Click here for form I-765 to apply for employement authorization.

Congresswoman Lofgren will be hosting informational workshops for DREAMers. You can also contact her office at (408) 271-8700 for assistance.

You can also click here for a detailed USCIS "How do I apply for deferred action" pamphlet.

In addition, here are links to helpful USCIS resources:

• USCIS webpage for the Deferred Action program: www.uscis.gov/childhoodarrivals

• USCIS information about how to avoid being scammed: www.uscis.gov/avoidscams