Deferred Action for Childhood Arrivals: Enrollment in a GED Program Is Enough to Satisfy the Education Requirement

Today I had a prospective client call me who was placed in removal proceedings in 2011 and has an upcoming Master Calendar Hearing. He inquired about his eligibility for deferred action. Deferred action for childhood arrivals was implemented in 2012 and is a form of prosecutorial discretion which allows those undocumented immigrants who entered the U.S. as children to remain in the country, and work lawfully.  Deferred action is granted only for a period of two years, subject to renewal.

To qualify for deferred action, childhood arrivals must be "currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States."

The young man who called me this morning was only enrolled in a GED program, but had not yet completed the requirements for the certificate. He wasn't enrolled in a traditional school or university.

I was able to give him some good news - according to USCIS, to be considered “currently in school” under the guidelines, you must be enrolled in:

• a public or private elementary school, junior high or middle school, high school, or secondary school;
• an education, literacy, or career training program (including vocational training) that is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; or
• an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a General Educational Development (GED) exam or other equivalent state-authorized exam.

A GED Program, as it turns out, is sufficient to qualify a childhood arrival for deferred action. The young man I spoke with is currently in removal proceedings, but that doesn't disqualify someone from deferred action.

While the deferred action program is clearly a compromise and does not lead to permanent residency, it's a much needed departure from the way things were before -- with families being torn apart and children being sent back to countries where they have nothing and no one to return to.

If you think you or a loved one may be eligible for deferred action, or you need help with any other immigration problem, please contact the law office at (716) 418-7431 to discuss your case.