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USCIS Deferred Action Brochure

USCIS Deferred Action Brochure

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Published by: Respect Respeto on Aug 07, 2012
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How do I request consideration of deferredaction for childhood arrivals?
Beginning August 15, 2012, you will be required tosubmit your request for consideration of deferred actionto USCIS through a form, along with a form requestingan employment authorization document. The totalfees will be $465. USCIS expects to have the formsand instructions available on its website on August 15,2012. Do not submit any request to USCIS before theseforms are available. All requests received before August15, 2012 will be rejected.
What evidence should I submit with myrequest for consideration of deferred actionfor childhood arrivals?
Evidence, including supporting documents, that you filewith your request for deferred action should show thatyou meet the guidelines outlined in the section aboveentitled “How do I know if I may request considerationof deferred action for childhood arrivals?”. This includesevidence that you:1.
 You were born after June 15, 1981;2.
 Arrived in the United States before the age of 16;3.
Have continuously resided in the United Statessince June 15, 2007, up to the present time;4.
Were present in the United States
on June 15, 2012;
5.
Entered without inspection before June 15, 2012or your lawful immigration status expired as of June 15, 2012;6.
 Are currently in school, graduated or receiveda certificate of completion from high school,obtained a general educational developmentcertificate (GED), or that you are an honorablydischarged veteran of the Coast Guard or U.S. Armed Forces; and7.
 Are at least 15 years of age at the time of filing,if you have never been in removal proceedings orif your case was terminated before your request.Beginning August 15, 2012, information about specificdocuments that may satisfy these guidelines will bemade available on the USCIS website at
www.uscis.gov/childhoodarrivals
.
Does this process apply to me if I am currentlyin removal proceedings, have a final removalorder, or have a voluntary departure order?
This process is open to any individual who candemonstrate he or she meets the guidelines forconsideration, including those who have never beenin removal proceedings as well as those in removalproceedings, with a final order, or with a voluntarydeparture order (as long as they are not in immigrationdetention). If you are not in immigration detention andwant to affirmatively request consideration of deferredaction for childhood arrivals you must submit yourrequest to USCIS. You do not need to be 15 years of age or older at the time of filing your request if youare in removal proceedings, have a final removal order,or have a voluntary departure order. All cases will beconsidered on an individual basis.Submit a copy of the removal order or any documentissued by the immigration judge or the final decisionfrom the Board of Immigration Appeals (BIA), if available. If you have not been in removal proceedings,this requirement does not apply to you.
Do brief departures interrupt the requirementof having continuous residence in the UnitedStates since June 15, 2007?
 A brief, casual, and innocent absence from the UnitedStates will not interrupt your continuous residence. If you were absent from the United States for any periodof time, your absence will be considered brief, casual,and innocent, if it was before August 15, 2012, and:1.
The absence was short and reasonably calculatedto accomplish the purpose for the absence;2.
The absence was not because of an order
of exclusion, deportation, or removal;
3.
The absence was not because of an order of voluntary departure, or an administrative grantof voluntary departure before you were placed inexclusion, deportation, or removal proceedings;and4.
The purpose of the absence and/or your actionswhile outside the United States were not contraryto law.Beginning August 15, 2012, additional informationabout specific documents that may show yourabsence was brief, casual, and innocent, will beavailable on the USCIS website at
www.uscis.gov/childhoodarrivals
.
Will USCIS conduct a background check whenreviewing my request for consideration of deferred action for childhood arrivals?
 Yes. You must undergo biographic and biometricbackground checks before USCIS will considerwhether to exercise prosecutorial discretion under theconsideration of deferred action for childhood arrivalsprocess. If you have been convicted of any felony,a significant misdemeanor offense, three or moremisdemeanor offenses not occurring on the samedate and not arising out of the same act, omission,or scheme of misconduct, or otherwise pose a threatto national security or public safety, you will not beconsidered for deferred action for childhood arrivalsexcept if DHS determines there are exceptionalcircumstances.
What happens after I submit my request forconsideration of deferred action for childhoodarrivals?
Each request for consideration of deferred action forchildhood arrivals will be reviewed on an individual,case-by-case basis. You will be notified of USCIS’sdetermination in writing. USCIS may request moreinformation or evidence, or may request that youappear at a USCIS office. There is no appeal or motionto reopen/reconsider the denial of a request forconsideration of deferred action of childhood arrivals.
Can I extend the period for which removalaction will be deferred in my case?
 Yes. Unless terminated, individuals whose case isdeferred pursuant to the consideration of deferredaction for childhood arrivals process will not be placedinto removal proceedings or removed from the UnitedStates for a period of two years. You may requestconsideration for an extension of that period of deferred action. You must also request an extensionof your employment authorization at that time. Yourrequest for an extension will be considered ona case-by-case basis.
Will the information I share in my request for
consideration of deferred action for childhood
arrivals be used for immigration enforcement
purposes?
Information provided in this request is protectedfrom disclosure to U.S. Immigration and CustomsEnforcement (ICE) and U.S. Customs and BorderProtection (CBP) for the purpose of immigrationenforcement proceedings unless the requestor meetsthe criteria for the issuance of a Notice To Appear or areferral to U.S. Immigration and Customs Enforcementunder the criteria set forth in USCIS’s Notice to Appearguidance at
. Individuals whosecases are deferred pursuant to the consideration of deferred action for childhood arrivals process will notbe referred to ICE. The information may be sharedwith national security and law enforcement agencies,including ICE and CBP, for purposes other than removal,including for assistance in the consideration of deferredaction for childhood arrivals, to identify or preventfraudulent claims, for national security purposes, or forthe investigation or prosecution of a criminal offense.The above information sharing policy covers familymembers and guardians, in addition to the requestor.

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