8/03/2012
- · Program will start August 15, 2012. Application Requests submitted/received before that date will be rejected.
- · The documents submitted must prove that the Requester (they are not claling them “applicants.” Deferred Action is a request, and as such, subject mainly to discretion):
o Was under the age of 31 as of June 15, 2012;
o Came to the United States before reaching her 16th birthday;
o Has continuously resided in the United States since June 15, 2007, up to the present time;
o Was physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
o Entered without inspection before June 15, 2012, or her lawful immigration status expired as of June 15, 2012;
o As of the day of the Request is in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and;
o Has 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.
- · All Requests to be submitted to USCIS 4 Service Centers, except, if the Requester is in the custody of ICE at the time of Request, then the Request is filed with ICE.
- · The Fee is $465, including EAD. EAD will be issued for 2 years.
- · NO FEE WAIVER AVAILABLE, however, “Fee Exceptions” will be considered on a case by case basis for Requesters:
o under 18 years of age; or
o homeless; or
o in foster care; or
o with no parental/familial support net and income is below 150% Poverty Guidelines; or
o disabled; or
o has more than 25K in debts that are medical or educational
ü Fee Exceptions must be submitted PRIOR to the Deferred Action request and wait for approval from USCIS before submitting the DA request
- · There is NO appeal to denials. Again, this request is purely discretionary in nature. However, it is unclear if sua sponte motions to reconsider will be entertained. Mayorkas seemed to be a bit thrown by that question.
- · Felony is any local, state, or federal offense punishable (regardless of actual sentence imposed) with more than 1 year.
- · Significant Misdemeanor is any offense punishable (regardless of actual sentence imposed) with more than 5 days but less than 1 year, and involving:
o Domestic Violence;
o Sexual Abuse;
o Burglary;
o Possession/Trafficking of illegal firearms;
o Possession/Trafficking of a controlled substance; and
o DWI (this drew gasps)
DOCUMENTARY EVIDENCE
- · Affidavits can be used to supplement evidence, not in lieu of it. Mayorkas stated that USCIS will only entertain affidavits to cover gaps in physical presence issues
- · “Brief, Casual and Innocent” pre-8/15/12 absences from US could be overlooked, but not absences after 8/15/12, unless the Requester obtains an Advance Parole
- · Advance Parole can be requested only AFTER the requester obtains a grant of Deferred Action, no FEE WAIVER. However, USCIS will only entertain AP requests based on employment, medical or military basis. None of that “I want to visit my mom” or “my cousin is getting married in Mali.”
APPLICATION
- · Form still in development, pending OMB’s approval. It will be available online on 8/15/2012, and not before
- · Guidelines will also be published online on 8/15/2012
- · Fee includes biometrics as well
- · I-765 can be filed concurrently so far; USCIS may change its mind by 8/15/12
- · No interviews will be conducted (but keep reading)
- · Fraud on the application will be swiftly dealt with. USCIS will request an interview for any case they deem “iffy,” including suspicion of fraud.
DISCLOSURE
- · The information on the application will be protected and cannot (general rule) be used to commence Removal Proceedings. It also applies to Requester’s parents and other family members. BUT PLEASE NOTE:
- · ALL requesters AND their relatives are subject to NTA-issuance guidelines, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear and ICE may be notified.
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