On June 15, 2012 the Department of Homeland Security announced that, as an exercise of its prosecutorial discretion, "certain young people who were brought to this country as children and know only this country as home" will receive relief from the threat of deportation.

The application process is open as of Wednesday, August 15. Applicants will need to file the following forms in order to apply:

• I-821D
• I-765

These documents are available on the USCIS website.

If you would like to become a client of the Immigrant Law Center of Minnesota, you MUST:

• Satisfy ILCM's income eligibility requirement; and
• Attend a community informational session. These sessions are listed on ILCM's home page.

If you have questions, it is likely that you can find the answer here in an extensive FAQ at the USCIS website.

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, 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
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

ILCM cautions against seeking advice from immigration consultants that are sometimes known as “notarios.” To ensure that you are not putting yourself at risk, you should only seek legal advice from a licensed attorney, preferably an attorney specializing in immigration law. To determine if a person offering legal services is in fact licensed as an attorney in Minnesota, you can visit this website. There, you can also view whether the lawyer has been disciplined. Important: Immigration lawyers do not need to be licensed in Minnesota but must hold a license from at least one state in the U.S., so be sure to ask where your attorney is licensed and check that state’s licensure database. Check our website or Facebook page for updates to this procedure.

What you can do:

Before applying, gather documentation that may be required to evaluate whether or not you will be eligible to apply for deferred action. The Immigrant Law Center of Minnesota recommends gathering the following documentation so that you have it ready to review with our office or with another attorney:

1. Your birth certificate;
2. Police reports and court records for any arrests you have had;
3. Documentation to prove that you have resided continuously in the United States for at least 5 years preceding the date of the announcement (June 15, 2012), and that you were present in the U.S. on June 15, 2012.  Examples: school records, medical records, bills, receipts, paystubs, taxes, etc.;
4. Documentation to prove that you are currently in school, have graduated from high school or have obtained your GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.; and
5. Any documents previously issued to by the Department of Homeland Security, if you previously had any contact with immigration.

Useful Resources:

- Click here to watch a video in which ILCM Director John Keller addresses the audience at the Navigate/ILCM conference on June 30, 2012. (In Spanish.)

- The Wrong Help Can Hurt! Fact Sheet by USCIS released 7/2012

- Consumer Advisory provided by AILA (English and Spanish)

- Memorandum of Secretary of Homeland Security Janet Napolitano

- Department of Homeland Security Press Release, English

- Department of Homeland Security Press Release, Spanish

- Frequently Asked Questions