3 Conditions to Defer Deportation in the US

Are you at risk of being deported from the United States? You may be eligible for the deferment of an action on deportation orders if you meet the criteria. The Secretary of the Department of Homeland Security (DHS) issued a memorandum that shall benefit young undocumented individuals who entered the United States in good faith and without fault.

Eligibility for Deferred Action

  1. You arrived in the United States at the age of 15 or younger
  2. You have lived in the US for at least five consecutive years and before the issuance of the Secretary’s memorandum
  3. You must be currently enrolled at some US school or have graduated therefrom; or you have been honorably discharged from the US military services, and by all means you have not committed crimes or misdemeanors.

The memorandum on deferred action does not confer right to permanent resident status nor equal citizenship as it only puts off the removal proceedings for two years, which is subject to renewal.

An undocumented young individual in a final order of removal may still be qualified to apply for deferment. He or she should immediately inform the Law Enforcements Support Center’s hotline or the ICE Office of the Public Advocate of his or her intention to file an application.

Results of Deferral

Once an application for deferment is granted, the beneficiary will enjoy the following advantages:

  • an authorization for employment in the US if the applicant can demonstrate the need to earn a living;
  • postponement of the removal proceedings for two years;
  • possibility for renewal of the deferment period once two years have passed

Filing of an application for deferment

In applying for deferred action, the applicant should complete the forms required by the United States Citizenship and Immigration Services (USCIS) and must pay the corresponding fees. Supporting documents must accompany the application forms.

One of the advantages of retaining a good immigration attorney is you can rely on the latter who will process your application and organize everything according to the mandate of the US immigration laws that normally include complex provisions.

Requirements needed

In your application for deferment, you need to include the following documentation:

  • Proof of identity
  • Proof that you arrived in the United States at the age of 15 or below
  • Proof of immigration status
  • Proof that you continuously lived in the US
  • Proof of enrolment or that you are currently a student
  • Proof of honorable discharge from the US military

The USCIS will review the completeness of your application and supporting documents and it will send you a notice of receipt, then later a notice for biometric service appointment. The request is decided on a case by case basis. You may be required to provide additional documentation or to appear at a USCIS center.


Immigration help

Niren and Associates, an immigration firm in the business for decades, is more than willing to assist you. The firm has dedicated teams of immigration attorneys who are more than capable of handling your immigration case.

You may call 1-866 929 0991 or email [email protected].

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: deferment action Deferment of deportation How to defer removal from US US Deportation US removal proceeding

About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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