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Up to One Million Undocumented Immigrants Eligible to Apply for Deferred Action Starting August 15

USCIS Director Holds Conference Call Outlining Program Terms and Procedures
 

In a conference call held this afternoon, U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas stated that USCIS will begin accepting requests for deferred action on August 15. Director Mayorkas also addressed many of the terms and procedures relating to the program, which USCIS has named "Deferred Action for Childhood Arrivals."

 

First, Director Mayorkas recited the following seven eligibility requirements:

  1. Applicant must have been under 31 years old as of June 15, 2012;
  2. Applicant must have come to the U.S. before reaching his/her 16th birthday;
  3. Applicant must have continuously resided in the U.S. from June 15, 2007 to the present time;
  4. Applicant must have been physically present in the U.S. on June 15, 2012 and at the time of making the request for deferred action with USCIS;
  5. Applicant must have either entered without inspection before June 15, 2012 or applicant's lawful immigration status must have expired as of June 15, 2012;
  6. Applicant must currently be in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard; and
  7. Applicant must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and must not otherwise pose a threat to public safety.

In addition to the eligibility requirements, Director Mayorkas stated the following important points regarding the program:

  • AGE - Applicant must be 15 years old or more if he or she has never been in removal proceedings or the removal case was terminated. However, if the applicant is in removal proceedings, has a final order of removal, or has been granted Voluntary Departure, and is NOT in immigration detention, he or she can request Deferred Action even if under 15 years old.
  • TRAVEL BEFORE SUBMITTING APPLICATION - Travel outside the U.S. before August 15, 2012 will not disrupt the continuous residence requirement (outlined at #3 above) if the travel was "brief, casual and innocent." However, an individual who travels outside the U.S. after August 15, 2012 will not be eligible for deferred action.
  • TRAVEL AFTER OBTAINING DEFERRED ACTION - After an individual is granted deferred action, he or she may apply for an Advance Parole document and pay the associated fee of $360. Generally, USCIS will only approve the application for advance parole if the travel is for humanitarian, educational, or employment purposes.
  • CRIMES - Director Mayorkas clarified that "significant misdemeanors" will include domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug possession or trafficking, and driving under the influence (DUI). In addition, any misdemeanor for which an individual was sentenced to a time in custody of more than 90 days will be deemed a significant misdemeanor. Misdemeanors for crimes other than those mentioned in this paragraph or for which the individual was sentenced to time in custody of 90 days or less will not be deemed "significant." Director Mayorkas also stated that anybody who knowingly makes a misrepresentation on the application will be treated as an immigration enforcement priority and subject to prosecution and/or removal from the United States.
  • DOCUMENTATION - To demonstrate the applicant came to the U.S. before 16 years old and that he or she has maintained continuous residence in the U.S. since June 15, 2007, Director Mayorkas noted the documentation can include, but is not limited to, financial, medical, school, employment, and/or military records. In addition, to prove that applicant is currently in school, has a GED, or was honorably discharged from the military, he or she can present diplomas, GED certificates, report cards, school transcripts, report of separation forms, military personnel records, and military health records. Director Mayorkas noted that while affidavits alone are not sufficient to prove any of the eligibility requirements, they may be used to support documentary evidence to prove the five years of continuous residence starting on June 15, 2007 or to prove a departure during the five year period of continuous residence was "brief, casual or innocent."
  • PROCEDURES - Director Mayorkas stated that unless the applicant is detained, he or she must submit the deferred action request with employment authorization application to USCIS. This includes non-detained individuals in removal proceedings and people with final orders of removal or orders of Voluntary Departure. Detained individuals will submit their applications to Immigration and Customs Enforcement (ICE). After filing, USCIS will schedule the applicant for a biometrics appointment whereby applicant will be subject to background checks against a variety of government databases. As a general rule, USCIS will not conduct interviews as part of the Deferred Action process, but on some occasions USCIS may schedule an interview if it suspects fraud or "for quality assurance." If approved, the individual will be granted deferred action for two years and will be renewable in two year increments.
  • FILING FEES - $465, which will include an application for work authorization.  There are no fee waivers, but certain individuals may request a fee exemption in advance of filing for Deferred Action. 

It is estimated that Deferred Action for Childhood Arrivals may help as many as 1 million undocumented individuals in the United States. For more information on the program, click here or contact Jacob L. Ratzan, P.A.  







Jacob L. Ratzan, P.A.
150 SE 2nd Ave, Suite 701 
Miami, FL 33131 
Tel: (786) 406-1744 
Fax: (786) 406-1745