Unauthorized individuals that meet the following criteria should be eligible to apply for Deferred Action. Please note that some of these criteria will be further clarified when USCIS releases its official guidance.

1.Age

• You must be 15-30 years old to apply.
• Under 31 years old as of June 15, 2012 (the date of the President's announcement).
• You must have arrived in the U.S. before you turned 16.

In addition, youth under 15 years old can qualify if they are in removal proceedings, have a voluntary departure order, or have been removed and are not currently in detention.

2. Continuous Presence

• In order to apply, you must be continuously present in the U.S. for a minimum of 5 years.
• You must have been present in the U.S. on June 15, 2012.

If you have traveled during the past five years, the travel must have been "brief, casual and innocent" to avoid interrupting your continuous presence. This standard is used in other parts of immigration law so there is some reasonable guidance on this. Deferred Action will not be granted to individuals who leave and re-enter the country after August 15, 2012.

3.Education or military service
At least one of the following must be true in order for you to apply:

• You are currently in high school. This includes vocational programs, or any any school that is "designed to lead to placements in a job or further education." If the school is not publicly funded, then DHS will look at the "demonstrated effectiveness of the program." These educational requirements are generous but clearly do not include schools set up to help DREAMers qualify for DACA.
• You have earned a GED or high school diploma.
• You have been honorably discharged from the U.S. armed forces.

You do not need to have earned your GED by or been in school on the June 15 announcement date. Even if you are not currently pursuing your education, you can earn your GED now and apply in the future, or go back to school and then apply.

4.Clear criminal record (a criminal background check will be required)
Any one of the following will make you ineligible for Deferred Action:

• felony
• significant misdemeanor
• three or more misdemeanors of any kind

If you are considered a threat to national security or public safety, you are not eligible and are at increased risk for removal.