Hi, my name is Kim & I will be happy to answer your question today. My answers are information only and do not form an attorney/client relationship.

If the child is under 15 years old and has never been placed in removal proceedings (or has had a removal proceeding terminated) then he is not eligible to apply for the Deferred Action for Childhood Arrivals.

If he IS is removal proceedings (but not being detained) then he is eligibile to file for deferred action for childhood arrivals.

Here is a link with more informtion about the new Deferred Action for Childhood Arrivals guidelines.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD#about

Please bear in mind that since this child is so young, he is not yet accruing unlawful presence in the US. He will not begin to accrue unlawful presence until he is 18.

I hope this helps!

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