Available framework
Deferred action is not one universal application. The legal or policy framework applicable to the individual must first be identified.
Deferred Action
Deferred action can affect enforcement priorities without creating permanent immigration status.
Deferred action is a form of prosecutorial discretion that may temporarily defer immigration enforcement in qualifying circumstances. Because it does not itself provide lawful permanent status, the request should be evaluated together with the person’s complete immigration history and any other available relief.
Eligibility reviewDetermine what deferred-action framework, if any, may apply.
History analysisReview immigration, criminal, family, and humanitarian circumstances.
Evidence developmentDocument the equities and facts supporting the request.
Long-term planningEvaluate deferred action alongside other immigration options.
At a Glance
Deferred action concerns enforcement discretion—it is not the same as receiving permanent immigration status.
The analysis may involve the particular deferred-action framework, immigration history, enforcement posture, criminal history, family circumstances, humanitarian factors, government priorities, supporting evidence, and whether another immigration benefit or defense is available.
The practical question
Is there a legally and procedurally available basis to request deferred action, what evidence supports favorable discretion, and how would that request fit the person’s larger immigration strategy?
What Can Shape the Case
Six issues to understand before pursuing deferred action.
Immigration history
Entries, status violations, prior removal proceedings, orders, applications, and encounters with immigration authorities may affect the analysis.
Criminal history
Arrests, charges, convictions, and other conduct should be reviewed carefully before requesting discretionary action.
Positive equities
Family relationships, length of residence, education, employment, community ties, medical issues, and humanitarian circumstances may be relevant.
Enforcement posture
Whether the person is in proceedings, has a removal order, or is otherwise subject to enforcement can affect the procedural strategy.
Other immigration options
Deferred action should be considered alongside potentially available family, humanitarian, court, or other immigration relief.
The Questions That Come First
Before asking for discretion, understand both the immigration record and the available process.
A request for deferred action can place the person’s history before immigration authorities. The record should therefore be reviewed before deciding whether and how to proceed.
What deferred-action process applies?
The first step is identifying whether an existing legal or policy framework provides a meaningful procedure for the circumstances.
What is already in the government record?
Prior filings, court proceedings, entries, encounters, removal orders, and other records should be understood before submitting new information.
What supports favorable discretion?
The request should identify the individual circumstances and supporting evidence relevant to the particular discretionary framework.
Is there a more durable immigration option?
Deferred action may be temporary, so family-based, humanitarian, court, or other potential relief should also be evaluated.
What to Do Now
Review the complete record before presenting a discretionary request.
Gather immigration documents
Collect prior applications, notices, court records, removal documents, entry records, and government correspondence.
Obtain criminal records
If there has been an arrest or criminal case, obtain accurate charging and disposition records.
Document favorable factors
Preserve family, medical, educational, employment, community, humanitarian, and other evidence relevant to the circumstances.
Identify other relief
Evaluate whether another immigration process could provide a more durable status or defense.
Our Process
A deferred-action strategy built around the individual record.
Identify the framework
We determine what form of deferred action or prosecutorial discretion may be relevant to the circumstances.
Review the complete history
Immigration proceedings, prior filings, criminal history, family circumstances, and other factors are evaluated.
Develop the evidence
The factual and documentary record is organized around the basis for favorable discretion.
Plan beyond the request
Potential employment authorization and longer-term immigration options are considered where applicable.
Strategy
Temporary enforcement discretion should be evaluated as part of a larger immigration plan.
Deferred action generally does not erase prior immigration history or independently create lawful permanent residence. Its effect depends on the particular framework and circumstances.
The strategy should therefore consider what happens if discretion is granted, how long it may remain relevant, whether employment authorization may be available, and whether another immigration path exists.
Frequently Asked Questions
Deferred Action questions.
What is deferred action?
Deferred action is a form of prosecutorial discretion through which immigration authorities may defer enforcement action for a period of time in qualifying circumstances.
Does deferred action give someone a green card?
No. Deferred action does not by itself grant lawful permanent residence or create a direct green-card status.
Is deferred action the same as DACA?
DACA is a specific deferred-action framework. Deferred action can also arise in other legally distinct contexts.
Can someone with deferred action receive employment authorization?
Employment authorization may be available in certain deferred-action circumstances if the person satisfies the requirements of the applicable employment-authorization category.
Can deferred action be terminated?
Because deferred action is discretionary and does not itself create permanent status, its continuation depends on the applicable legal and policy framework and individual circumstances.
Deferred Action Consultation
Understand what deferred action can—and cannot—do before making the request.
The Piri Law Firm can review the applicable deferred-action framework, immigration history, enforcement posture, discretionary factors, employment-authorization issues, and other potential immigration options.
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Prior results do not guarantee a similar outcome. Immigration matters depend on the facts and law applicable to each individual case.