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Deferred Action: What DREAMers Need to Know

Thanks to an historic action by President Obama, effective immediately, certain young people brought to the United States through no fault of their own – often referred to as DREAMers – who meet specific criteria will be considered for relief from removal from the country.

These young people are already strengthening and serving our nation and it communities and should not have to live under the constant threat of deportation. While not a comprehensive immigration solution, the administration’s deferred action is a critical step in the right direction.

According to Secretary Napolitano’s June 15, 2012 memorandum, in order to be eligible for deferred action, individuals must:

  • Have come to the United States under the age of sixteen;
  • Have continuously resided in the United States for at least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  • 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 must also complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.

Individuals who are not in removal proceedings or who are subject to a final order of removal will need to submit a request for a review of their case and supporting evidence to U.S. Citizenship and Immigration Services (USCIS). Individuals may request deferred action if they meet the eligibility criteria. Individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish.

Individuals seeking more information on the new process should visit USCIS’s website (at http://www.uscis.gov).

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