News: DHS Will Begin Accepting Applications for Deferred Action on August 15, 2012

During a conference call today, the Department of Homeland Security (DHS) announced additional information regarding a deferred action program for certain undocumented immigrants who came to the United States as children and meet other criteria. DHS has also set out other details including:

  • Requestors in removal proceedings and with final orders removal will be permitted to request deferred action
  • A form will be created for the specific purpose of requesting deferred action
  • Biometrics and background checks will be required of requestors
  • Fee waivers will not be permitted for employment applications or biometric collection, however, fee exemptions will be available in limited circumstances.
  • Four USCIS Service Centers will receive the applications.

DHS announced the program has not been initiated and requests should not be filed before August 15, 2012. The deferred action program announced on June 15, 2012 provides temporary administrative immigration relief for young undocumented people who were brought to the United States before the age of sixteen, have resided in the United States for at least five year before the date of the announcement, have graduated from high school, received a GED, or honorably served in the armed forces, have note been convicted of a serious crime, and are not above the age of thirty. Deferred action is a form of prosecutorial discretion that does not provide immigration status, but does allow an otherwise deportable alien permission to live and work in the United States for a temporary duration. This news brings long awaited relief to a group known as DREAMers, young undocumented people who might have qualified for the proposed DREAM Act legislation. Related Links Press Release: DHS Outlines Deferred Action for Childhood Arrivals Process


About the Author

Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers and individuals on U.S. immigration strategy, including H-1B, PERM, and employment-based compliance.

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