Deferred action is an exercise of prosecutorial discretion on behalf of U.S. Citizenship and Immigration Services (USCIS) defer removal action of an individual in the United States without lawful status. Individuals who benefit from deferred action are not in lawful status. Rather, an individual whose matter is deferred will not be accruing unlawful presence in the U.S. during the granted deferral period. A grant of deferred action will not excuse previously accrued unlawful presence. If you are currently without status in the U.S. you will continue to accrue unlawful presence while your application for deferred action is pending with immigration, unless you are under the age of 18 when your request is submitted.
Individuals who are granted deferred action are eligible to apply for Employment Authorization during the two year deferral period. The Department of Homeland Security (DHS) retains the right to renew or terminate deferred action at any time.
Deferred action is available to all individuals who meet the guidelines for consideration, including those in removal proceedings with a final order or who have been granted voluntary departure.
If you have questions about deferred action please contact us at 888.861.4414 or immigration@rbrownllc.com