More on Deferred Action


Deferred Action for Early Childhood Arrivals

In an earlier post, we had seen what the USCIS had to say about deferred action and the eligibility requirements for those seeking deferred action.

The Department of Homeland Security has made further announcements in this regard. Applications for deferred action will be accepted from August 15, 2012. The USCIS has not yet released information about the form. Eligible persons are requested not to apply before August 15th. Any request for deferred action received before August 15th will be rejected.

Deferred Action for Childhood Arrivals
USCIS will adjudicate on a case-by-case basis and those approved will get deferred action for 2 years and will be able to seek work authorization. Even the application to be used to seek work authorization is not the form available on the USCIS website currently. USCIS is going to release a newer edition of the form. It is best for all eligible applicants to wait till August 15, 2012 before they can file any application.

Persons who are already in removal proceedings can also apply for deferred action. Those who have already received removal orders may make a request for deferred action to the ICE agent handling their case.

When deferred action is granted, it is valid for 2 years and subject to renewal, and the beneficiary may be eligible for work authorization. However, such persons should keep in mind that this does not mean that they are eligible to apply for green cards and citizenship.

What happens later will depend on a large extent to who wins the presidential elections and whether they want to keep or scrap this memorandum.

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