- Category: Courts & Asylum
USCIS is now accepting DACA applications!
Who is eligible to receive deferred action under DHS’s new directive?
To be eligible for deferred action, individuals must:
- Have come to the United States under the age of sixteen;
- Have continuously resided in the United States for at least five years preceding June 15, 2012 and
- are present in the United States on June 15, 2012;
- Currently be in school, have graduated from high school, have obtained a general education development certificate;
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
- Not be above the age of thirty.
** An individual who has been granted deferred action is eligible to receive employment authorization “EAD” for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.”
What is deferred action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.
How will the new directive be implemented?
Individuals may request deferred action if they meet the eligibility criteria. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process. This process is not yet in effect and requests should not be submitted at this time. August 15, 2012 is the anticipated date of implementation for this program.
Following is a list of documents that we will need to process your request for deferred action;
- Questionnaire (provided by our office, to be filled out by you and returned)
- Two passport photographs (taken at Costco, Wal-mart or Walgreens etc.)
- Copy of passport & any prior visa
- Copy of birth certificate
- Copy of children’s birth certificates if applicable
- Copy of marriage certificate or divorce, if applicable
- Copy of any court case on record (including immigration, civil and criminal)
- Copy of school records- proof of enrollment, report cards, awards dating through high school (and into college, if applicable)
- Copy of high school diploma, GED, or current enrollment (if applicable)
- Proof of physical presence before June 15, 2007
- AS MUCH AS POSSIBLE OF THE FOLLOWING
- Tax returns filed on your behalf dating to 2006, and
- Past leases, receipts, records dating to before that date
- Affidavits from relatives, friends, teachers, employers, neighbors attesting to your presence
- Birth certificates of children and/or siblings that date before June 2007
- Photographs placing you in the US before 2007
Additional details are available at USCIS's web site.
Camille K. Cook, attorney at Eaton & Associates and a certified specialist in immigration and nationality law, spoke at a news conference at California State University, Fresno, sharing recommendations and potential pitfalls with the "DREAMers" deferred action program. Read about her presentation at this news coverage by the Fresno Bee.