• 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

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

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 InsightsView 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
  • 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
October 12, 2026 | United StatesBusiness Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.
October 13, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 13, 2026 | United StatesUnited States: Trump Administration Again Proposes Elimination of Deference to Prior Approvals of Immigration Petitions
October 13, 2026 | United StatesUnited States: USCIS Reaffirms Regulation Eliminating Maximum 540-Day EAD Auto-Extension
October 13, 2026 | United StatesUnited States: What Employers Need to Know About the Government’s New PERM Investigations and Program Suspensions
October 12, 2026 | United StatesBusiness Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.
October 13, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 13, 2026 | United StatesUnited States: Trump Administration Again Proposes Elimination of Deference to Prior Approvals of Immigration Petitions
October 13, 2026 | United StatesUnited States: USCIS Reaffirms Regulation Eliminating Maximum 540-Day EAD Auto-Extension
October 13, 2026 | United StatesUnited States: What Employers Need to Know About the Government’s New PERM Investigations and Program Suspensions
October 12, 2026 | United StatesBusiness Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.
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.