Deferred action does not confer lawful status or permanent residence, but rather is an act of prosecutorial discretion not to take action to remove the individual. Individuals may request consideration of deferred action for childhood arrival if he or she meets the following criteria:
- under the age 31 as of June 15, 2012
- came to the U.S. before reaching age 16
- has continuously resided in the U.S. since June 15, 2007
- physically present in U.S. on June 15, 2012 and at the time of making the request
- either entered without inspection or lawful immigration status has expired as of June 15, 2012
- is currently in school, has graduated or obtained a GED or is an honorably discharged veteran of the U.S. armed forces.
- has not been convicted of a felony, significant misdemeanor or three or more misdemeanors and does not pose a threat to national security or public safety
- is 15 years old or older unless currently in removal proceedings or under a final order of removal or voluntary departure, in which case individual may file without regard to age restriction.