The Lewis Leeper Blog

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    If my Deferred Action application is denied, can I be placed in removal proceedings?

    Usually not.  However, there are exceptions, so be very careful.  Below is how the memo explains this: Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance. Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be […]

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    If my Deferred Action application is denied, can I appeal?

    You cannot appeal or submit a motion to reopen/reconsider if your application is denied.  However, the memo is silent about whether you can reapply for deferred action if you initial application is denied. In extremely limited situations, you can request a review of the denial. USCIS will implement a supervisory review process in all four Service Centers to ensure a consistent process for considering requests for deferred action for childhood arrivals. USCIS will require officers to elevate for supervisory review those cases that involve certain factors.

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    What forms do I use to apply for Deferred Action, and what are the filing fees?

    You are required to submit form I-821D, Consideration of Deferred Action for Childhood Arrivals. If you are applying for employment authorization, you must also submit forms I-765 and I-765WS. In order to receive employment authorization, you must demonstrate “an economic necessity for employment”. We link to each of these forms and instructions for completing these forms from our Deferred Action page. The total fees are $465. Before deciding your application, DHS will perform a background check on you.

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    Is Deferred Action a law?

    No.  Deferred action is a discretionary determination on the part of DHS.  It is an act of prosecutorial discretion.  The new policy will allow certain foreign-born individuals who entered the United States as children to apply for 2-year work permits, and possibly for extensions.  It is not a path to a green card or to U.S. citizenship.

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    Examples of documents to demonstrate you meet the Deferred Action guidelines

    Proof of identity Passport Birth certificate with photo identification School or military ID with photo Any U.S. government immigration or other document bearing your name and photo Proof you came to U.S. before your 16th birthday Passport with admission stamp Form I-94/I-95/I-94W School records from the U.S. schools you have attended Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear) Travel records Hospital or medical records Proof of immigration status Form I-94/I-95/I-94W with authorized stay expiration date Final order of exclusion, deportation, or removal issued as of June 15, 2012 A […]

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    Required documents to prove Deferred Action eligibility

    The following documents will be needed in order to prove Deferred Action eligibility: 1. Documentation to demonstrate that you came to the United States before the age of 16. 2. Documentation to demonstrate that you have been continually present in the U.S. since June 15, 2007. 3. Documentation to show that you are in school, has graduated from high school, or have obtained a general education development certificate (GED)? 4. Documentation to demonstrate that you were present in the U.S. on June 15, 2012: 5. Filing Fee-Employment authorization and biometrics:   Money Order $465.00 – Payable to “U.S. Department of Homeland […]

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    Do you qualify for Deferred Action?

    Hundreds of thousands of people who entered the United States as children but without documentation can apply — beginning Wednesday, August 15, 2012 — to remain in and work in the country without fear of deportation for at least two years. Who is eligible for deferred action under the Obama administration’s policy announced on June 15, 2012? Have come to the United States before your sixteenth birthday. Have continuously lived in the U.S. since June 15, 2007, and up to the present time. Be present in the U.S. on June 15, 2012, and at the time of making your request […]

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    What is Deferred Action?

    On June 15, 2012, President Barack Obama announced that the U.S. Department of Homeland Security (DHS) would not deport certain DREAM Act–eligible undocumented youth. Under a directive from the secretary of DHS, these youth will be given a type of temporary permission to stay in the U.S. called “deferred action.” Deferred action will be valid for two years and may be renewed at the end of the two years. Individuals who receive deferred action may apply for and may obtain employment authorization. The federal government began accepting deferred action requests on August 15, 2012. If you have questions about Deferred […]

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    The DREAM Act

    The DREAM Act (acronym for Development, Relief, and Education for Alien Minors) is an American legislative proposal first introduced in the Senate on August 1, 2001, by Dick Durbin and Orrin Hatch. This bill would provide conditional permanent residency to certain illegal individuals of good moral character who graduate from U.S. high schools, arrived in the United States as minors, and lived in the country continuously for at least five years prior to the bill’s enactment. If they were to complete two years in the military or two years at a four-year institution of higher learning, they would obtain temporary […]

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