Consideration of Deferred Action for Childhood Arrivals

The Administration’s new policy memorandum titled “Consideration of Deferred Action for Childhood Arrivals” became available on August 15, 2012 and is set to expire on February 28, 2013 but subject to renewal. According to the Pew Hispanic Center as many as 1.7 million individuals may qualify for the program. You or someone you know may benefit from this program. To qualify for consideration of deferred action you must satisfy the following guidelines:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you are under the impression that you do not qualify for consideration of deferred action because you have committed a crime, contact the Houston Immigration Lawyer Sebastian J. Simon for an evaluation of your case. The director for U.S. Citizenship and Immigration Services (USCIS), Alejandro Mayorkas, has stated that applicants with no major crimes can apply without fear of deportation. Any individual, including those in removal proceedings, with a final order, or with a voluntary departure order may qualify if they can demonstrate he or she meets the guidelines for consideration. Do not let fear trample your opportunity to benefit from the deferred action program. You can trust Houston Immigration Attorney Sebastian J. Simon is highly qualified to determine whether you qualify for consideration of deferred action and can assist you in submitting the necessary forms and documents.

To request consideration of deferred action, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This form must be completed, properly signed and accompanied by Form I-765, Application for Employment Authorization and Form I-765WS, Form I-765 Worksheet. There is no filing fee for Form I-821D, but there is a $380 filing fee for Form I-765 and a biometric services fee of $85 required for the Application for Employment Authorization for a total of $465. In conjunction with the appropriate forms and filing fees, you must also submit evidence demonstrating that you satisfy each of the guidelines mentioned above. Some of the evidence that may be submitted to establish eligibility is a copy of your birth certificate, school records, rent receipts, and utility bills.

It is imperative that you submit properly filled out forms and the necessary documentation as there is no appeal to the decision made on your case. However, if USCIS does not grant deferred action on your case it will not refer your case to U.S. Immigration Customs Enforcement (ICE) for purposes of removal proceedings, unless it involves a criminal offense, fraud, or a threat to national security or public safety. Do not ruin your chance of benefiting from the deferred action program; contact the Simon Law Group so that you can rest assured that your request for deferred action will be properly filed with USCIS.