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What is deferred action?

What is deferred action?

When entering into any country, individuals need to have the proper documentation to travel freely. This is to ensure the safety of all those in the country. The United States has certain immigration laws in place to protect its people and the country itself. With these laws, it is important to know the specific requirements when entering the country, traveling within it or leaving to go to another country.

Homeland Security announced that certain people are able to request deferred action. If individuals came to the United States as a child, they may be able to request this if they meet certain guidelines. If they are eligible for deferred action, they can be approved to work in the U.S. However, deferred action for childhood status does not provide lawful status. Since these issues can be confusing, it is important to seek legal counsel to sort through your options and how they can help you.

Who is eligible for deferred action?

There are various eligibility requirements that individuals can meet in order to be considered qualified for deferred action. The date of entry cut off is January 1, 2010. If individuals were in the United States before that date, they may qualify for eligibility. They can also qualify by continuously residing in the U.S. at the time of June 15, 2012 up until the present time of their request. If they had no lawful status on June 15, 2012, deferred action may be an option for them.

If individuals have displayed certain criminal behavior, it may affect their residency and DACA treatment. If they do not pose a threat to national security or public safety, they can be in the clear. As long as they have not been convicted of a felony, significant misdemeanor or three or more misdemeanors, they may still qualify. If individuals are pursuing an education, they may be granted permission for deferred action. If they are currently in school, have graduated or obtained a certificate of completion from high school or have obtained a GED, they may be eligible. If they were honorably discharged from the Coast Guard or Armed Forces of the U.S., they can be considered eligible.

Can parents be eligible?

Under President Obama’s administration, deferred action was extended to parents as well. As with other individuals, parents have to meet eligibility requirements, too. If their child is a U.S. citizen or lawful permanent resident and has continuously lived in the U.S. prior to January 2010, they may be eligible for deferred action themselves. There are certain circumstances that can prevent them. If they pose a threat to society, they may be dismissed.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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