Procedure Announced for Deferred Action For Young Illegal Immigrants

Eric Elliot Ludin

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Immigration Attorney

Contributor Level 11

Posted almost 2 years ago. 2 helpful votes

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On August 3, 2012, the Director of the US Citizenship and Immigration Services (USCIS) Alejandro Mayorkas, announced the procedure for applying for deferred action. He stated that effective August 15th, and no earlier, the US Citizenship and Immigration Services will begin accepting petitions for deferred action along with a employment authorization card applications (EAD).

The new form for the application will not be available until that date. The total fees for the application will be $465 including the EAD. According to Director Mayorkas, the application will be processed and then the applicant will be given a date to have a biometrics appointment.

There will not be an interview as the normal part of the application process. However, an applicant can be called for an interview if the USCIS has a specific question they need answered, suspect fraud, or simply as part of their quality control process.

The Director stated that he does not know how long the processing time will be until they see the what the petition volume is.

If a petition is denied, an applicant cannot reapply or file a motion to reopen or reconsider nor can they appeal. Therefore, it is critical that the documents be accurate, complete and presented in the best manner possible.

Director Mayorkas reiterated the criterea for deferred action. He stated that applicants cannot have a prior conviction for a felony, serious misdemeanor, or 3 minor misdemeanors. If an applicant has these prior convictions, their application will be denied.

Applicants must meet the following criterea:

1) physically in the U.S. on June 15, 2012 through the date of the application.

2) On the date of the application, they must have graduated from High School or have a GED, be attending school or be serving or have served in the U.S. armed forces.

3) Arrived in the U.S. before their 16th birthday .

4) Be at least 15 years old or under the age of 31 at the time of the application.

5) Resided continuously in the U.S. from June 15, 2007 through the date of the application.

Because of the importance of completing the application properly, I highly recommend that all applicants have an attorney assist with the process.

Additional Resources

You may learn more information about the deferred action process and its requirements by going to www.uscis.gov/childhoodarrivals There is also a USCIS National customer service center that you can call for more information. The number is 800- 375-5283

Tucker & Ludin deferred action page

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