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The Process for Deferred Action

Written By The Shapiro Law Group on October 17, 2012

On June 15, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action from prosecution for immigration violations. The U.S. Citizenship and Immigration Services (“USCIS”) then outlined a process in August by which potentially eligible individuals may request consideration of deferred action.

USCIS has now made all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on its Website, and has begun accepting requests for consideration of deferred action for childhood arrivals.

Here are some of the highlights of the new process outlined by USCIS:

  • Requestors those in removal proceedings, those with final orders, and those who have never been in removal proceedings can affirmatively request consideration of deferred action for childhood arrivals with USCIS.
  • Requestors must use a form developed for this specific purpose.
  • Requestors must mail their deferred action request together with any applicable application for an employment authorization document and all applicable fees to the USCIS lockbox.
  • All requestors must provide biometrics and undergo background checks.
  • Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
  • The four USCIS Service Centers will review these requests.

Individuals who believe they are eligible should be aware of immigration scams. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf. Visit www.uscis.gov/avoidscams for tips on filing forms, reporting scams and finding accredited legal services. Remember, the Wrong Help Can Hurt! An informational brochure and flyer are also available on www.uscis.gov.

We generally do not handle deportation matters, but if you are in need of legal assistance with another immigration matter, especially if it relates to employment in the U.S., please do not hesitate to contact our office at (847)564-0712 to speak with a qualified attorney. You can also check out our immigration law Website for more information about how we might assist you.