Helping Families Stay Together

  1. Home
  2.  ~ 
  3. Waivers Of Unlawful Presence
  4.  ~ Deferred Action for Dreamers

I Assist Dreamers Who Apply For Deferred Action To Live The American Dream

At Escalante Law, I am proud to be able to help people who were brought to this country as children seek protection under the Deferred Action program. By applying under this, you can begin to live the normal life that you deserve here in the country that you call home by obtaining deferred status.

Are You Eligible For Deferred Action? Let’s Take A Look…

On June 15, 2012, the Department of Homeland Security announced it will move to exercise prosecutorial discretion for individuals who were brought to this country through no fault of their own as children and meet several key criteria. If they demonstrate they meet the specified criteria, these individuals will be considered for relief from removal from the country or, if they are not present in immigration proceedings, may come forward and affirmatively seek deferred action. If eligible, these individuals will receive deferred action for a period of two years, subject to DACA renewal.

On Oct. 5, the U.S. Court of Appeals for the Fifth Circuit affirmed a July 2021 decision of the U.S. District Court for the Southern District of Texas declaring the 2012 DACA policy unlawful. The Fifth Circuit, however, preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DACA rule. On Oct. 14, the U.S. District Court for the Southern District of Texas issued an order extending its injunction and partial stay to the DACA final rule.

At this time and while the stay remains in place, current grants of DACA and related Employment Authorization Documents are valid, and USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule. USCIS will continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but not process initial DACA requests.

Eligibility Of Foreign Nationals For Deferred Action

Below are the requirements that you must fulfill for eligibility for deferred action as a foreign national:

  • Have come to the United States under the age of sixteen
  • Have continuously resided in the United States for at least five years preceding June 15, 2012, and are present in the United States on June 15, 2012
  • Currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States
  • Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety
  • Not be above the age of thirty.

Individuals will be required to prove through verifiable documentation that they meet these criteria to be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a continuous period of not less than 5 years immediately preceding June 15, 2012. It is important to understand, prosecutorial discretion confers no substantive right or pathway to citizenship.

Under existing regulations, individuals who receive deferred action may apply for and may obtain employment authorization from USCIS provided they can demonstrate an economic necessity for employment. Information about employment authorization requests is available on USCIS’s website at here.

As of August 15, 2012, USCIS has launched the Deferred Action for Childhood Arrivals Process. The process requires the applicant to gather documents proving they are currently residing in the United States, showing proof of education, and other items we can discuss. It also requires the filing of two forms to be submitted to the USCIS. Please be aware, deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

Come And Speak With Me Today To See If I Can Help You

To learn more about qualifying for deferred action, call my office at 720-896-3989. Alternatively, you can email me, Marisol Escalante and send me a brief description of your situation. You need to contact a qualified immigration law attorney before beginning any immigration process as these matters are very complex and may present removal risks. I have physical offices in both Parker, Colorado and Baltimore, Maryland.