Deferred Action

Deferred Action For Childhood Arrivals – Accion Diferida

Since President Obama’s Deferred Action for Childhood Arrivals / Accion Diferida program began in August 15, 2012 we have successfully represented dozens of clients before U.S. Citizenship and Immigration Services. We have strategized with clients on creating inventive ways to obtain the necessary evidence to prove their presence in the United States and advised on any criminal issues. Our history of success with Deferred Action / Accion Diferida applications is based on our commitment to our clients. As practicing Deferred Action Attorneys, we will assemble the best possible application for you.

Individuals who do not have legal status in the United States may apply for Deferred Action / Accion Diferida. This means that approved applicants will be eligible for employment authorization for a period of two years, subject to renewal. Individuals must prove that they meet the following criteria:

1. Were physically present in the United States on:

  • June 15, 2012; and
  • The date you submitted your application for Deferred Action to USCIS

2. Entered the United States without inspection (crossed the border illegally) before June 15, 2012, or your lawful immigration statues expired as of June 15, 2012

3. Are currently in school, have graduated or obtained a high school degree, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

4. Were under the age of 31 as of June 15, 2012 (you were 30 years old or younger)

5. Entered the United States before your 16th birthday (you were 15 years old or younger)

6. Have continuously resided in the United States from June 15, 2007, up to the present time

7.a. Have never been convicted of a felony. A felony is an offense potentially punishable by a sentence of more than one year.

7.b. Have never been convicted of a a significant misdemeanor. A significant misdemeanor includes any misdemeonor, regardless of the punishment given, involving burglary; unlawful possession of a firearm; driving under the influence; drug distribution or trafficking; domestic violence; and sexual abuse or exploitation. A significant misdemeanor may also include any other crime resulting in more than 90 days imprisonment.

7.c. Have not been convicted of three or more other non-significant misdemeanors. Non-significant misdemeanors include any misdemeanor punishible by a sentence of more than five days but less than one year, that is not a “significant misdemeanor (see 7.c), for which the actual sentence is 90 days or less.

7.d. Do not otherwise pose a threat to national security or public safety.

Federal law governs whether an offense is considered a felony or misdemeanor under Deferred Action. How as state labels an offense is not relevant. The potential punishment, not the actual sentence governs.

Deferred action for childhood arrivals is open to individuals who have never been in removal or deportation proceedings. Deferred action may also be available to some childhood arrivals who are currently in removal proceedings, have a final removal order, or have a voluntary departure order.

Immediate relatives, including dependents of individuals whose cases are deferred pursuant to the consideration of deferred action for the childhood arrival process, may not be considered for deferred action unless they independently meet the guidelines.

Contact a Deferred Action Immigration Attorneys

The Law Office of Betty Huang P.C. is committed to our clients and helping them through the immigration process. If you believe that you qualify for Deferred Action please call  the Law Office of Betty Huang P.C. at (646) 768-4190 or email us at for a consultation. We have office locations in Manhattan and Queens.