DHS Outlines Deferred Action for Childhood Arrivals Process

On August 3, 2012, the Department of Homeland Security (“DHS”) announced preliminary procedures by which applicants will be able to request “deferred action” status beginning August 15, 2012.

On June 15, 2012, the DHS announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action.

U. S. Citizenship and Immigration Services (“USCIS”) expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012.  USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.

Information shared today includes the following highlights:

  • Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
  • Requestors will use a form developed for this specific purpose.
  • Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
  • All requestors must provide biometrics and undergo background checks.
  • Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
  • The four USCIS Service Centers will review requests.

It is important to note that this process is not yet in effect and individuals who believe they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012. Requests submitted before August 15, 2012 will be rejected.

Individuals who believe they are eligible should be aware of immigration scams. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf.  If you need help, always consult with a qualified immigration attorney before filing any applications!

Source: USCIS

Ruchi Thaker

Ruchi Thaker is New York City-based immigration attorney with extensive experience and excellent reputation for effective legal representation in simple and difficult immigration cases. I have experience in areas of deportation defense (criminal and non-criminal), federal court litigation, representation on appeals and motions with the immigration courts and the Board of Immigration Appeals, family-based immigration, asylum, naturalization, and consular processing.
Ruchi Thaker
Posted in Deferred Action.