Important Updates
Important Updates
March 27, 2026 | New ZealandRNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform
March 27, 2026 | AngolaAngola: Border Visa and Short-Term Visa Application Process Streamlined
March 27, 2026 | CanadaCanada: Immigration and Border Security Bill Expands Government Oversight Powers
March 27, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 27, 2026 | 🌐Minimum Salary Changes Announced
March 27, 2026 | New ZealandRNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform
March 27, 2026 | AngolaAngola: Border Visa and Short-Term Visa Application Process Streamlined
March 27, 2026 | CanadaCanada: Immigration and Border Security Bill Expands Government Oversight Powers
March 27, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 27, 2026 | 🌐Minimum Salary Changes Announced
March 27, 2026 | New ZealandRNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform
Subscribe
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
  • 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

Media mentions

RNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform

Business Immigration Supervisor Fiona Zhou says the restructured Skilled Migrant Category creates clearer pathways and retains skilled workers.

Learn more

Video

Navigating Outbound Services from Germany | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support. 

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

Critical Minerals, the Energy Transition and the Global Race for Skills

Senior Client Services Manager Caroline Kanzara-Obinwa explores how global talent shortages and workforce mobility are shaping the future of critical minerals and the energy transition.

Learn more

Video

USA: Red Card or Green Light? US Consular Updates for World Cup 2026 | #FragomenFC - Ep. 15

In FC Podcast episode #15, Partner Rick Lamanna, Senior Associate Jake Paul Minster, Senior US Consular Manager Brian Simmons, and Senior Manager Sergio Flores discuss US entry considerations for the 2026 World Cup, including visa options, policy changes and planning timelines.

Learn more

Media mentions

HR World: Compliance Now: Value Beyond Risk Management

Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.

Learn more

Awards

Partner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide

Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.

Learn more

Media mentions

Personnel Today: Can Staff Visit the USA If They Have a Criminal Record?

Manager Karnig Dukmajian

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Media mentions

RNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform

Business Immigration Supervisor Fiona Zhou says the restructured Skilled Migrant Category creates clearer pathways and retains skilled workers.

Learn more

Video

Navigating Outbound Services from Germany | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support. 

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

Critical Minerals, the Energy Transition and the Global Race for Skills

Senior Client Services Manager Caroline Kanzara-Obinwa explores how global talent shortages and workforce mobility are shaping the future of critical minerals and the energy transition.

Learn more

Video

USA: Red Card or Green Light? US Consular Updates for World Cup 2026 | #FragomenFC - Ep. 15

In FC Podcast episode #15, Partner Rick Lamanna, Senior Associate Jake Paul Minster, Senior US Consular Manager Brian Simmons, and Senior Manager Sergio Flores discuss US entry considerations for the 2026 World Cup, including visa options, policy changes and planning timelines.

Learn more

Media mentions

HR World: Compliance Now: Value Beyond Risk Management

Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.

Learn more

Awards

Partner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide

Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.

Learn more

Media mentions

Personnel Today: Can Staff Visit the USA If They Have a Criminal Record?

Manager Karnig Dukmajian

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

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
  • 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.