USCIS Begins Accepting Deferred Action Applications for Childhood Arrivals on August 15, 2012

The USCIS announced that it will begin accepting applications, effective August 15, 2012, for consideration of deferred action for childhood arrivals.   The Deferred Action program was announced by the DHS Secretary on June 15 to allow certain young people who came to the United States as children to apply for permission to stay and work in the United States.

The requests for Deferred Action should be made through the filing of the new I-821D form recently published by the USCIS.  Eligible applicants must also submit all required documents and evidence to prove their eligibility.  To qualify as a “Childhood Arrival” under this program, the applicant must meet the following criteria:

• Was under the age of 31 as of June 15, 2012;
• Came to the United States under the age of sixteen;
• Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
• Have continuously resided in the United States since June 15, 2007;
• Was present in the United States on June 15, 2012, and at the time of making his or her request for consideration of deferred action with USCIS;
• Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

Each case will be reviewed on a case-by-case basis.  Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.  Extensive documents including passports, I-94 forms, school documents, employment documents, medical documents, military documents, sworn statements, etc., must be submitted as evidence of the applicant’s eligibility.

If a person’s Deferred Action application is approved, he or she will not be removed from the United States for a two-year period or subject to renewal.  Further, the person may also apply for employment authorization to live and work legally in the United States.  But it is important to note that Deferred Action does not grant lawful permanent residence status, i.e., green card, to applicants. 

For further information, please contact our office at info@szetolaw.com or 732-632-9888.  Our website is www.szetolaw.com.