On June 15, 2012, President Obama and Secretary of Homeland Security Janet Napolitano announced that, effective immediately, young undocumented aliens under the age of 30 who can plausibly show they arrived in the United States before their 16th birthdays, through no fault of their own, will be considered for relief from deportation, known as "deferred action." In order to qualify, applicants must have been in the U.S. for five consecutive years, have not been convicted of a felony, a significant misdemeanor, multiple misdemeanors, or otherwise  pose  a  threat  to national security or public safety, and be currently in school, have graduated from high school, or be an honorably discharged veteran of the U.S. armed forces.

This deferred action is described as a discretionary determination that the U.S. government will not place an individual in deportation proceedings or deport an individual from the U.S. If granted deferred action under this new policy, an individual will be permitted to remain in the U.S., receive in-state tuition, and apply for work authorization for a renewable period of two years. However, deferred action does not grant immigration status or a pathway to citizenship.

Deferred action will only be available to those who individually meet the criteria. Their immediate relatives, including dependents, will not be eligible to receive deferred action unless they also meet the eligibility criteria. Individuals whose requests for deferred action are denied will be referred to Immigration Customs and Enforcement (ICE) if they have a criminal conviction or if there is a finding of fraud in their application.

The government has up to 60 days from June 15, 2012, the date the policy was announced, to provide guidance for the application procedure. No applications will be accepted until the process has been defined and announced by the government.

Although important details have not yet been released, there are certain steps potential applicants may take, before the application process begins, in an attempt to quicken the already complex process. First, save your money; the government has not indicated whether there will be filing fees associated with this request but it is known that a person eligible for this relief will be eligible for a work permit. Currently, the fee for a standalone work permit application is $380. It remains to be seen whether these fees will apply for this policy, and whether or not additional filing fees will apply, but it is very likely there will be some fees charged by the government to review your request.

Secondly, have your important documents in order.  In order to prove the required criteria many documents will be helpful and most likely necessary. Documents such as financial/bank records, medical records, school records, employment records, and  military records will help speed up the process as well as diplomas, GED certificates, report cards court records and police reports.

Before submitting a request for deferred action under this new policy, it is important for you to understand what the new policy can and cannot offer you, what the risks are of applying, the eligibility requirements and the supporting documents needed to prove you qualify, and the process and timing involved with making a request.