At this time, the USCIS is still working out the process of applying for this "amnesty" and Secretary Napolitano has given a directive that gives the USCIS up to 60 days to create a process to accept these deferred action requests. Per the executive order, certain young people who were brought to the U.S. as young children, through no fault of their own, will be considered for relief from removal from the U.S. or entered into removal proceedings. For those who can show that they meet all of the criterias set by the state department, they will receive deferred action from any type of removal proceedings for a period of up to two years, subject to renewal.
To be eligible for deferred action, individuals applying must meet the following criteria:
1. Have come to the U.S. under the age of sixteen;
2. Have continuously resided in the U.S. for at least 5 years preceeding June 15, 2012, and be currently present in the U.S. as of June 15, 2012;
3. Either 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 U.S.;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemenaor offenses, or otherwise pose a threat to national security of public safety; and
5. Must be of the age 30 or younger.
Further, individual applicants must undergo a complete background check and be 15 years or older.
Please be advised that deferred action does not confer lawful status on an individual and although the applicant might be granted deferred action, they will not be considered to be accruing unlawful presence in the U.S. during the period deferred action is in effect. In addition, those individuals who are granted deferred action will be eligible to receive employment authorization for the period of deferred action.
The process for requesting deferred action is not yet in effect with the USCIS and individuals should not begin to apply at this time as applications will be rejected. Without a doubt, though, this new policy will be quite influential for many people within the city of Houston and throughout the U.S.
Further news will be posted as the USCIS further refines this process.