NOTES FROM A RECENT WEBINAR REGARDING DEFERRED ACTION STATUS – Posted on July 21, 2012
Immigration Attorney – Ruby L. Powers
The official commencement date for the program is August 14, 2012, but the applications cannot be submitted until August 15, 2012.
I. PUBLIC SAFETY Concerns:
· You must distinguish between Member vs. Associate
· If Member, was it Prior or Active?
· ICE will rely on intelligence from local gang task forces and federal databases
· It will be very difficult to clean up record if any prior gang participation
PARTICIPATION IN CRIMINAL ACTIVITIES (even if no conviction). DHS will look at:
· Admissions in Plea Agreements (can be a negative factor)
· Admissions to a DHS officer (can also be used against applicant)
· Admissions on applications
· Rap Sheet
· DHS will look at any unlawful behavior the applicant committed as minor. It is not yet clear what will DHS do, since juvenile offenses are not considered a conviction under the INA, but no doubt it will be a detrimental factor that the applicant will have to overcome with his other equities.
RISK OF DETENTION
· DHS made it very clear that detention is a risk for any person subject to Mandatory Detention, plus others they can choose at their discretion.
· DHS made it very clear that they will actively and aggressively pursue with criminal charges and Removal any misrepresentation or fraud on the application. As far as previous misreps (like photo-switched passports), they will go on a case-by-case basis. There will be NO waiver for false claims of USC after 1996.
· Applicants will be eligible as long as they are enrolled in school or a GED program at the time of application. There are other ways to be eligible for the education component.
· DHS confirmed that there would be a form and a fee. They hope to have the form by August 1, 2012, but the date is not “set in stone.”
· EAD fee is $380. Biometrics fee is $85. 465 TOTAL
· Unclear so far whether they will accept I-912 Fee Waiver Request
· DHS will apply “totality of circumstances” standard to applications. The more equities, the better.
· Unclear whether “confidentiality” standard (like asylum and VAWA) will be honored.