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About the Dream Act

To be eligible for deferred action, the following requirements must be established:

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The deferred action application and accompanying work permit application are now available and can be accessed at http://tinyurl.com/deferredaction. An application will cost $465, which includes the fees for requesting an employment authorization document. There are no fee waivers available for applications, and only very limited fee exemptions. To obtain information on the application form and fees, check the USCIS website located at www.uscis.gov/childhoodarrivals. Deferred action requests can be made directly to USCIS for eligible individuals who are not in detention. This includes individuals not in removal proceedings, individuals in removal proceedings, and those with final orders of removal or voluntary departure orders.

Were under the age of 31 as of June 15, 2012; Came to the United States under the age of 16; Have continuously resided in the United States since June 15, 2007 up to the present time; Entered without inspection before June 15, 2012 or have expired lawful immigration status as of June 15, 2012; Are currently be in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and Have not been convicted of a felony offense, a significant misdemeanor offense, three of more other misdemeanor offenses, and do not otherwise pose a threat to national security or public safety.

In all instances, the applicant cannot be 31 or older as of June 15, 2012. If the individual has never been in removal proceedings or if proceedings were terminated before the request for deferred action, the person must be at least 15 years of age at the time of filing for deferred action. If the individual is in removal proceedings, has a final removal order or a voluntary departure order, the person can request consideration for deferred action even if under the age of 15 at the time of filing. There is no appeal if a case is denied, but DHS has indicated that some cases will undergo supervisory review. If the case is denied, USCIS will apply existing rules in determining whether the individual should be placed into removal proceedings.