On November 20, 2014, Secretary of Homeland Security Jeh Johnson issued new policies which allow certain aliens who arrived in the United States on or before January 1, 2010 to apply for deferred action, a form of prosecutorial discretion under which aliens are not removed from the United States and that authorizes them to seek permission to work lawfully in the United States. The Secretary’s policies apply to certain individuals who came to the United States as children under the age of 16 of who are parents of U.S. citizens or lawful permanent resident children.
This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who are in removal proceedings, with a final order, or with a voluntary departure order. All deferred action decisions will be made by USCIS.
If you are currently in immigration detention and believe you meet the guidelines for Deferred Action for Childhood Arrivals (DACA) or Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), you must:
If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit your request to USCIS – not ICE – pursuant to these procedures established by USCIS.