Deferred Action - [en Español]

The Law Offices of Marcine A. Seid welcomes the Administration's recent announcement that younger immigrants may be eligible for prosecutorial discretion (through Deferred Action) and work authorization.

It is not, however, a permanent fix and does not grant legal status to anyone. Deferred Action is not a path to legal status, a green card or citizenship. This is a temporary shield against deportation. It is also important to know that this is NOT a law and might change without warning if a new president is elected.

To qualify, an individual must:
  • Have arrived in the United States when they were under the age of sixteen;
  • Have continuously resided in the U. S. for at least five years prior to June 15, 2012 and have been present in the U. S. on June 15, 2012;
  • Currently be in school, have graduated from a U. S. high school, have a GED, or be an honorably discharged veteran of the U. S. Coast Guard or the U. S. Armed Forces;
  • Have not been convicted of a felony offense, a "significant misdemeanor offense", three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
  • Have been under thirty-one years old on June 15, 2012.

Individuals must also pass a background check. For those individuals who are not currently in removal proceedings, or subject to a final order of removal, and make a request to USCIS must be 15 years old or older.

Deferred Action will be available to qualified individuals in proceedings, those with final removal orders, as well as to those who apply affirmatively. Those who demonstrate that they meet the criteria listed above will be eligible to receive deferred action for a period of two years, subject to renewal, on a case-by-case basis.

The Administration is now accepting applications for this action. Guidance and information have been issued about how and when eligible individuals can request deferred action and work authorization.

Unfortunately, this policy may open the door for fraud and deception by so-called "Notarios". In the United States, notarios cannot legally practice law or represent you. An immigrant's case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.

Individuals may seek more information on the new process by visiting USCIS's website at

In a consultation, attorneys at the Law Offices of Marcine A. Seid can provide answers to your questions, or you may engage our firm for your immigration process.

Discuss your Visa Needs with a Leading U.S. Immigration Attorney:
Call (408) 271-9888

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