Eligibility Requirements for Deferred Action

Information for non citizens


Recently, President Obama’s administration announced that certain immigrant students in the United States without legal status, qualify to for temporary legal status.  The status is called “deferred action” and is valid for two years.  A qualified applicant can get employment authorization.  To be eligible an applicant must:

  1. have entered the United States under the age of 16;
  2. have been physically present in the United States as of June 15, 2012, and have continuously resided in the United States for at least five years;
  3. have been younger than 31 as of June 15, 2012;
  4. be “in school”, have a high school degree or GED certificate, or have been honorably discharged from the U.S. Armed Forces or Coast Guard;
  5. not have been convicted of a felony, a “significant misdemeanor”, three misdemeanors, or otherwise pose a threat national security or public safety; and
  6. be at least 15 years old, unless that the person is in removal proceedings.


The Department of Homeland Security also has provided a list of Frequently Asked Questions to potential applicants.  You can find this list at http://www.dhs.gov/files/enforcement/deferred-action-process-for-young-people-who-are-low-enforcement-priorities.shtm