What is deferred action?
Deferred action is a discretionary determination that a removal action from US is postponed. This is temporary protection from deportation. It does not confer any legal status and does not lead to permanent residency or citizenship. Stops the accumulation of unlawful presence in the Unites States, but does not relieve any previous period of unlawful presence. Granting deferred action allows an individual to be also entitled to a work permit.
How long will the deferred action last?
Applicants will be given deferred action in two-year increments. After the expiration of the period of two years, an individual would have to renew their request for deferred action and work authorization.
Who is eligible for deferred action?
- Those who were under the age of 31 on June 15, 2012;
- Came to the United states before reaching their 16th birthday;
- have resided continuosly in the United States since June 15, 2007, to present;
- Were physically present in the United States on June 15,2012, and at the time of filing the application for consideration of deferred action.
- Came to the U.S. without inspection before June 15, 2012, or their legal immigration status expired on June 15, 2012;
- They are currently in school, have graduated or obtained a certificate of completion of high school, have earned a General Education Development )GED), or honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
- Have not been convicted of a felony, a misdemeanor significant, three or more misdemeanors other, and do not pose a threat to national security or public safety.
How can I apply for Deferred Action?
As of August 15, 2012, individuals may submit applications for deferred action and work authorization for U.S. Citizenship and Immigration Services (USCIS). The formsrequired are:
- Form I-821d Consideration deferred action for arrivals Childhood
- Form I-765 Application for Employment Authorization
- Form I-765WS
- Form G-1145 Notification of Acceptance and Application / Petition (Optional) if you wish to receive email notifications of your application.
How old do I have to be in order to apply for deferred action?
You must be at least 14 years of age but no older than 31 as of June 12, 2012. SOme exceptions apply. You can apply if you are under 15 and are currently in deportation proceedings, have received a final order of deportation or voluntary departure and not in detention.
What if my application is denied? Will I be placed in deportation proceedings?
If you are denied deferred stock USCIS has stated that it will review under its policy for placement in deportation cases. Generally, as long as your case is not a criminal offense, fraud, or threat to national security or public safety, your case will NOT be referred to ICE or removal.
Can I travel outside the United States once I am granted deferred action?
To travel, you must request permission in advance by filing form I-131 and pay a fee of $360. You will need to be approved for deferred action before applying early parole. Travel only be authorized for humanitarian, educational, or employment purposes. Cases are determined on a case by case basis.
If this does not lead to the residence or citizenship how can this bebefit me?
Deferred Action provides security and the ability to work legally in the U.S. For many people these are important benefits.
Who can help to apply?
The professionals at our office can help prepare the application and will help you gather the necessary documents. We can guide you though the application and will help you gather the neccesary documents. We can guide you through the application process and help you complete your application.
You must send these documents ...
- Provide evidence of your identification
- You must provide at least five years of tax returns or years, as many as you have requested.
- Present evidence that you came in to the U.S. under the age of 16 unlawfully or visa expired as of June 15, 2012.
- Present evidence that you were present in the U.S. on June 15, 2012.
- Present evidence of continuous residence in the United States since June 15, 2007.
- Present evidence that is currently in school, have a GED, have graduated or received a certificate of completion of high school, or a veteran honorably discharged from the Coast Guard or the Armed Forces of the United States.
- Submit list of absences U.S. from June 15, 2007.
- Translations. All documents that are in a foreign language must be translated to English.
- Criminal records, court hearings, arrest records, background check.