• Insights

Qualifying Young Persons May Begin Applying for Deportation Relief on August 15

February 12, 2015

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

On August 15, 2012, eligible young persons may begin applying for deferred action, which allows U.S. Citizenship and Immigration Services (“USCIS”) to exercise its discretion not to seek their removal (“deportation”) from the United States. Applicants for deferred action must be 30 years old or younger; have come to the United States before age 16; have resided in the United States for a continuous period of at least five years as of June 15, 2012; have been present in the United States on June 15, 2012; currently be in school, have graduated from high school or obtained a GED certificate, or be honorably discharged from the U.S. Coast Guard or Armed Forces; and not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to U.S. national security or public safety. 

There is no value in filing prior to August 15, as early-filed requests will be rejected. The filing fee for deferred action applications is expected to be $465, pending final review by the Office of Management and Budget. 

Those granted deferred action will be able to remain in the United States for a renewable period of two years and can seek permission to work. However, deferred action does not grant any temporary or permanent immigration status. Nor does the policy provide them a path to permanent residence. 

The government recently clarified how it will apply the criteria it will consider in determining whether an applicant for deferred action is eligible for temporary relief. The most noteworthy parts of the government’s recent guidance are discussed as follows: 

Age Requirement 

The government had previously announced that deferred action will apply only to foreign nationals age 30 or younger who came to the United States before age 16, among other criteria. USCIS has now clarified that for the government to consider a deferred action request, applicants who have never been in removal proceedings—or who had their removal proceedings terminated prior to their deferred action request—must be at least 15 years old at the time of filing their deferred action request. Applicants who are in removal proceedings, have a final removal order, or who have a voluntary departure order and are not in immigration detention may file for deferred action even if the applicant is under age 15 at the time of filing, so long as the individual meets other criteria. Individuals who were 31 years old or older as of June 15, 2012 will not qualify for deferred action. 

Travel and Continuous Residence 

To qualify for deferred action, an applicant must have resided in the United States for a continuous period of at least five years as of June 15, 2012. The latest guidance indicates that the residency period will not be broken by “brief, casual, and innocent” absences from the country that occurred prior to August 15, 2012, and that meet the following criteria: (1) the absence was short and reasonably calculated to accomplish the purpose for the absence; (2) the absence was not made under an order of exclusion, deportation, or removal; (3) the absence did not stem from an order of voluntary departure, or an administrative grant of voluntary departure before the foreign national was placed in exclusion, deportation, or removal proceedings; and (4) the purpose of the absence and/or the foreign national’s actions while outside the United States were not contrary to law. 

Applicants who traveled outside the United States after August 15, 2012 for any reason will not be considered for deferred action. Those who receive deferred action must apply for and receive advance parole prior to traveling outside the country. 

Past Criminal Offenses 

Applicants are not eligible for deferred action if they have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, or otherwise pose a threat to U.S. national security or public safety. USCIS now clarifies that a “felony” consists of a federal, state or local criminal offense punishable by imprisonment for longer than one year. 

Offenses that constitute a “significant misdemeanor” include crimes of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; driving under the influence; and any other misdemeanor for which the applicant was sentenced to time in custody exceeding 90 days. For an offense to constitute a “significant misdemeanor,” the maximum term of imprisonment for the offense must not exceed one year, but must be greater than five days. An offense carrying a maximum term of imprisonment longer than one year will constitute a felony. 

USCIS will generally not consider minor traffic offenses to constitute a misdemeanor for deferred action purposes. In addition, USCIS will not consider violations of state immigration laws to be felonies or misdemeanors in considering deferred action applications. 

Fragomen is closely following implementation of the new policy and will provide further information at is it released by the administration. If you have any questions about the deferred action policy, please contact your designated Fragomen professional. 

© 2015 Fragomen

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is set to vote on a population cap. Here's why it's divided the nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B Fee Ruled Unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is set to vote on a population cap. Here's why it's divided the nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B Fee Ruled Unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 15, 2026Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite
June 16, 2026 | United StatesFragomen Welcomes Christopher Wendt as Counsel
June 16, 2026 | IndiaIndia: Visa Registration Rules and Employment Visa Categories Revised
June 16, 2026 | Switzerland, AustraliaThe ABC: Switzerland is set to vote on a population cap. Here's why it's divided the nation
June 16, 2026 | United StatesUnited States: July 2026 Visa Bulletin – Slight Retrogression for EB-1 India, Advancement for Most Other Employment-Based Categories; USCIS to Honor Employment-Based Final Action Dates
June 15, 2026Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite
June 16, 2026 | United StatesFragomen Welcomes Christopher Wendt as Counsel
June 16, 2026 | IndiaIndia: Visa Registration Rules and Employment Visa Categories Revised
June 16, 2026 | Switzerland, AustraliaThe ABC: Switzerland is set to vote on a population cap. Here's why it's divided the nation
June 16, 2026 | United StatesUnited States: July 2026 Visa Bulletin – Slight Retrogression for EB-1 India, Advancement for Most Other Employment-Based Categories; USCIS to Honor Employment-Based Final Action Dates
June 15, 2026Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.