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Proof of “In School” Status for Deferred Action

Written By The Shapiro Law Group on November 30, 2012

On June 15, 2012, President Barack Obama announced the launch of a “deferred action” program to suspend immigration enforcement actions against qualifying individuals who came to the U.S. as children.

Qualifying individuals must be prepared to present documentation proving that they:

  • Were under the age of 31 years old as of June 15, 2012;
  • Came to the U.S. before the age of 16 years old;
  • Have resided in the U.S. continuously for at least five years prior to and including June 15, 2012; and
  • Are “currently in school” or have graduated from high school, or have obtained a certificate of completion of a high school education, or have obtained a general education development (“GED”) certificate, or have been honorably discharged as a veteran of the U.S. Coast Guard or the U.S. Armed Forces.

The U.S. Citizenship and Immigration Services (the “USCIS”) has published guidelines to clarify who may qualify as “currently in school” under the rules of the deferred action program, and what kinds of documentation qualifying individuals need to prove their “in school” status. Such documentation may include:

  • Evidence of enrollment in public or private elementary school, junior high or middle school, high school or other secondary school;
  • Evidence of enrollment in an education, literacy or career training program (including vocational training) that is designed to lead to placement in postsecondary education, job training or employment; or
  • Evidence of enrollment in an education program assisting students in obtaining a high school diploma, its recognized equivalent under applicable state law, or a GED certificate or similar degree obtained by passing a state-authorized exam.

Such evidence of enrollment may include:

  • Acceptance letters;
  • School registration cards;
  • Letters from the school or program in question;
  • Transcripts;
  • Report cards; or
  • Other progress reports.

These forms of evidence should show the name of the school or program, the date of enrollment, and the current educational grade, if relevant.

If you are an individual in need of immigration assistance, do not hesitate to contact our office for an appointment to speak with a qualified immigration attorney at (847) 564-0712. You can also check out our immigration law Website for more information on how we might further assist you.