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Documentation Needed for “Deferred Action”

Written By The Shapiro Law Group on December 21, 2012

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

Since then, the federal immigration authorities have made clear that individuals who wish to qualify for “deferred action” status must have documentation proving that: (1) they were under the age of 31 years as of June 15, 2012, and they came to the U.S. before age 16; (2) they have resided in the U.S. continuously for at least five years prior to and including June 15, 2012; and (3) they are in school, have graduated high school or have obtained a certificate of General Education Development evidencing the equivalent of a high school education, or they are an honorably discharged veteran of the U.S. Coast Guard or Armed Forces.

So what kinds of documentation will satisfy the U.S. Citizenship and Immigration Services?

For proof of identity, a deferred action applicant should have:

  • a passport or national identity document from the applicant’s country of origin;
  • a birth certificate with photo ID;
  • a school or military ID with photo; or
  • any U.S. government document bearing the applicant’s name and photo.

For proof of the date of arrival in the U.S., an applicant should have:

  • passport with admission stamp;
  • Form I-94, I-95 or I-94W;
  • School records from the U.S. schools attended;
  • any immigration and naturalization document stating date of entry into the U.S.;
  • travel records; and/or
  • hospital and medical records.

For proof of presence in the U.S. on June 15, 2012, and proof of continuous residency since June 15, 2007, an applicant should have:

  • rent receipts or utility bills;
  • employment records;
  • school records;
  • military records;
  • official records from a religious institution confirming participation in religious ceremonies;
  • passport entries;
  • birth certificates;
  • dated bank transactions;
  • social security cards;
  • auto license receipts or registrations;
  • deeds, mortgages, rental agreement contracts and the like;
  • insurance policies and/or
  • tax receipts.

For proof of honorable discharge from service in the U.S. Coast Guard or Armed Forces, the applicant should have:

  • a Form DD-2214 “Certificate of Release or Discharge from Active Duty”;
  • a NGB Form 22 “National Guard Report of Separation andRecord of Service”;
  • military personnel records; and/or
  • military health records.

If you need assistance with a deferred action request, do not hesitate to contact our office for an appointment to speak with a qualified immigration lawyer at (847) 564-0712. You can also check out our immigration law Website for more information about how we might assist you.