On August 15, 2012, the USCIS will have the forms and instructions on how to complete the forms to request consideration of deferred action. Form I-765 (work permit) will be required along with these forms. The total fees to submit all forms to the USCIS will be $465.
Evidence to be submitted with the request for consideration of deferred action for childhood arrivals must include:
- evidence you were born after June 15, 1981;
- arrived in the United States before the age of 16;
- have continuously resided in the United States since June 15, 2007 up to the present time;
- were present in the United States on June 15, 2012;
- entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- are currently in school, graduated or received a certificate of completion from high school, obtained a general education development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and
- are at least 15 years of age at the time of filing, if you have never been in removal proceedings or in your case was terminated before your request.
- Persons currently in removal proceedings will use the USCIS process when it becomes implemented on August 15, 2012, rather than go through ICE. Only individuals in detention will go through ICE to make a deferred action request.
- Information provided in the request for deferred action will be protected from U.S. Immigration and Customs Enforcement and Customs and Border Protection for purposes of removal proceedings unless the requestor meets the criteria for the issuance of a Notice to Appear guidance at www.uscis.gov/NTA.
- A brief, casual, and innocent absence from the United States will NOT interrupt your continuous residence if the absence was short, not contrary to law, and was not because of the order of exclusion, deportation, removal, or voluntary departure.
- A “significant misdemeanor” is one for which the individual was sentenced for more than 90 days, or a conviction for domestic violence, sexual abuse, burglary, firearm violation, drug distribution or trafficking (but NOT possession), or DUI, regardless of the sentence.
- Minor traffic offenses, such as driving without a license, are not considered misdemeanors that count toward the “three or more” standard.
- Whether a person reached the age 15, and whether the requestor meets the education requirements, will be determined as of the date the request for deferred action is filed, NOT the June 15, 2012 date.
- Each request for deferred action will be reviewed on the CASE-BY-CASE basis. The USCIS will notify of their determination in writing.
- THERE IS NO APPEAL OR MOTION TO REOPEN/RECONSIDER THE DENIAL OF A REQUEST FOR CONSIDERATION OF DEFERRED ACTION OF CHILDHOOD ARRIVALS. YOU SHOULD HIRE AN EXPERIENCED IMMIGRATION ATTORNEY TO HELP YOU FILE THE REQUEST.
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