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How to Request “Deferred Action” Status

Written By The Shapiro Law Group on December 21, 2012

Many undocumented immigrants who came to this country as children are eligible for “deferred action” status, which suspends any immigration enforcement actions that could otherwise be taken against qualifying individuals.

The elements necessary to qualify for deferred action are a bit complex, and thus, it is often helpful to have a qualified immigration attorney to assist you if you want to pursue this status. The process itself can likewise be intimidating for those who are not familiar with legal language and forms.

To request consideration of deferred action status, you must submit Form I-821D, entitled “Consideration of Deferred Action for Childhood Arrivals.” This form must also be accompanied by a completed Form II-765 “Application for Employment Authorization” as applicable, and a Form I-765 Worksheet establishing your economic need for employment.

If you fail to submit the required forms, then the U.S. Citizenship and Immigration Service is not bound to consider your request for deferred action and will not do so.

If, on the other hand, the USCIS determines that your application is complete, then you will receive an appointment notice to visit an Application Support Center for biometric identification. Failure to attend this appointment may delay processing or even result in a denial of your request.

You can also choose to receive an e-mail or text message alert, notifying you that your form has been accepted.

Each request for deferred action status will be reviewed on an individual, case-by-case basis.

If you are in need of legal assistance with an 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.