Many people live in the United States without legal status and do not qualify for existing protections such as asylum, VAWA, or TPS.
But in cases of extreme vulnerability, there is a lesser-known possibility: Deferred Action.
In this article, Imigra Foundation explains what Deferred Action is, how it works, and shares real examples of situations where this measure can be the only way to gain time — and dignity — to remain in the country.
What Is Deferred Action?
Deferred Action is an administrative decision made by the U.S. government to temporarily suspend the deportation of a person.
This decision is based on humanitarian or public interest reasons and depends on an individual analysis of each case.
It does not grant legal status, but it allows the person to:
- Remain legally in the country for a specific period
- Apply for a work permit (Form I-765)
- It does not create a direct path to a Green Card or citizenship
- It can be revoked at any time
Who Can Qualify for Deferred Action?
- It may be an option for people who:
- Are out of status but have strong family or community ties in the U.S.
- Are facing serious illnesses (their own or their children’s)
- Have U.S. citizen children with special needs
- Have been victims of violence, abandonment, or other extreme situations
- Are cooperating with authorities and need to remain in the country
Real and Practical Examples of Deferred Action
1. Mother of a U.S. Citizen Child with a Severe Disability
Patrícia is the sole caregiver of her U.S. citizen son with severe autism. She lost her immigration status years ago and does not qualify for any traditional legal relief.
Her attorneys submitted a Deferred Action request with medical reports and expert statements showing the emotional and practical impact of potential separation.
✅ Result: She received Deferred Action and a work permit while continuing to care for her child.
2. Person Undergoing Essential Medical Treatment in the U.S.
Roberto is receiving treatment for a rare autoimmune disease, and the medication he needs is unavailable in his home country.
Even without legal status, he presented medical evidence and reports proving that deportation would put his life at risk.
✅ Result: The government granted Deferred Action on humanitarian grounds.
3. Young Adult Who Arrived as a Child and Never Left the U.S.
Camila arrived in the U.S. at age 3 and is now 19. She has never had legal status, completed high school, has no criminal record, and helps care for her younger siblings.
Although she doesn’t qualify for DACA, her legal team submitted a request based on her good moral character and community contributions.
✅ Result: She received Deferred Action and became eligible for a work permit.
4. Elderly Immigrant Caring for U.S. Citizen Grandchildren
Mrs. Cecília, 68, has lived in the U.S. for 25 years and takes care of her two U.S. citizen grandchildren, as her daughter faces mental health challenges.
Her legal team submitted school letters, medical reports, and proof of her essential caregiving role.
✅ Result: Deportation was suspended, allowing her to continue supporting her family.
⚠️ Important Points About Deferred Action
- It is not an automatic right and must be requested carefully with strong documentation.
- It can be denied without explanation.
- Exposing your case to immigration authorities requires legal strategy and caution.
- The work permit is optional and must be filed separately using Form I-765.
🤝 Count on Imigra Foundation
If you’re facing a difficult situation and need time and protection to rebuild your life, Deferred Action might be an alternative.
Imigra Foundation is ready to guide you with empathy, ethics, and legal expertise.
📲 Contact us. You are not alone.
