Chapter 4 - Process for Requesting Deferred Action

In the absence of a specific contradictory regulatory provision, this policy governs deferred action requests. Deferred action is exercised judiciously and only in extraordinary circumstances where a USCIS officer makes an independent case-by-case decision based on the totality of the circumstances.^[1]

A. Requesting Deferred Action Provided by Regulation

A request for deferred action can be made by the alien or his or her representative by filing the applicable form and with any applicable fees.^[2] Deferred action for T and U nonimmigrants and VAWA do not require a separate form or filing other than the underlying form type.^[3]

1. Request for DACA

An alien requests DACA by filing Consideration of Deferred Action for Childhood Arrivals (Form I-821D) with USCIS according to the form instructions.^[4] USCIS has exclusive jurisdiction to consider DACA requests, including for aliens in removal proceedings, who are subject to a final order of removal or order of voluntary departure, and aliens in immigration detention. However, USCIS lacks authority to grant requests for DACA if the alien is in U.S. Immigration and Customs Enforcement (ICE) detention, unless the alien is released prior to USCIS’s decision.^[5]

2. Victims of Criminal Activity

Once USCIS has determined a Form I-918 petition establishes eligibility in all respects, but for the statutory cap, and a petitioner is placed on the waiting list,^[6] USCIS will exercise prosecutorial discretion favorably to grant deferred action.^[7] The alien does not need to file a separate form.^[8]

3. Victims of Human Trafficking

Once USCIS has determined a Form I-914 application is bona fide, on a case-by-case basis, USCIS will determine whether to favorably exercise prosecutorial discretion to grant deferred action.^[9] The alien does not need to file a separate form.^[10]

4. VAWA

Approved self-petitioners and his or her derivatives may be considered on an individual case-by-case basis for deferred action.^[11] The alien does not need to file a separate form.^[12] 

B. Requesting Deferred Action Not Provided by Regulation

Deferred action requests not provided by statute or regulation are made by submitting Biographic Information (for Deferred Action) (Form G-325A) and any supporting evidence.^[13] USCIS retains discretion to consider and grant requests for deferred action if not provided by statute, regulation, or applicable court orders.

If the alien is currently in removal proceedings before an immigration judge, which includes proceedings that have been administratively closed and cases in which the alien has an unexecuted administratively final removal order, the requestor should direct his or her request to ICE.^[14] USCIS will generally not consider granting deferred action for an alien in removal proceedings.

Footnotes

[^ 1] See Guidance on Deferred Action, DHS Memorandum, issued April 4, 2025.

[^ 2] For information on how to submit a request for Deferred Action for Childhood Arrivals (DACA), see Subsection 1, Request for DACA [1 USCIS-PM I.4(A)(1)].

[^ 3] See Chapter 3, Who Can Request Deferred Action [1 USCIS-PM I.3].

[^ 4] See generally, Consideration of Deferred Action for Childhood Arrivals.

[^ 5] See 8 CFR 236.23(a)(1) and 8 CFR 236.23(a)(2).

[^ 6] See Volume 3, Humanitarian Protection and Parole, Part C, Victims of Crimes, Chapter 6, Waiting List [3 USCIS-PM C.6].

[^ 7] See 8 CFR 214.14(d)(2).

[^ 8] See Volume 3, Humanitarian Protection and Parole, Part C, Victims of Crimes, Chapter 5, Bona Fide Determination Process [3 USCIS-PM C.5] and Chapter 6, Waiting List [3 USCIS-PM C.6] for more information.

[^ 9] See 8 CFR 214.205(c).

[^ 10] See Volume 3, Humanitarian Protection and Parole, Part B, Victims of Trafficking, Chapter 6, Bona Fide Determinations [3 USCIS-PM B.6] for more information.

[^ 11] See INA 103(a), INA 204(a)(1)(D)(i)(II), and INA 204(a)(1)(D)(i)(IV). See Heckler v. Chaney, 470 U.S. 821, 831 (1985).

[^ 12] See Volume 3, Humanitarian Protection and Parole, Part D, Violence Against Women Act, Chapter 5, Adjudication [3 USCIS-PM D.5] for more information.

[^ 13] See the instructions for Form G-325A for more information on other categories of deferred action requests.

[^ 14] If an alien in removal proceedings files a request for deferred action with USCIS on Form G-325A, USCIS will deny the request. The alien may request deferred action from ICE.