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Deferred Action Policy Update

The U.S. Department of Homeland Security (DHS) announced that US Citizenship and Immigration Services (USCIS) in cooperation with US Immigration and Customs Enforcement (USICE) began to exercise prosecutorial discretion and will grant deferred action for renewable periods to certain eligible persons. These persons may also be eligible for Employment Authorization document (Work Permit or EAD) if they can demonstrate economic necessity.

UPDATE ON DEFERRED ACTION PROGRAM: September 11, 2012 - According to most recent reports, the USCIS has issued first approvals for applications for Deferred Action (I-821D) out of estimated 72,000 applications received so far. Work permit approvals should follow the grants of deferred action.

On August 15, 2012, the DHS began accepting requests for consideration of Deferred Action for Childhood Arrivals for a period of 2 years with Employment Authorization (Work Permits) from certain eligible young people with a duration period of 2 years which could be renewed. The request for Deferred Action must consist of forms I-821D, I-765 and I-765WS (Work Sheet), and the applicable fees will be $380 for employment authorization and $80 for biometrics.

Please schedule a consultation with our attorneys if the prospective Deferred Action applicant:

· Was under the age of 31 on June 15, 2012;

· Was under the age of 16 when entered the U.S.;

· Is at least 15 years old when making the request unless he or she is in removal proceedings, has a final removal order, or has a voluntary departure order, and is not in immigration detention;

· Resided in the U.S. for 5 consecutive years as of June 15, 2012 and up to present time;

· Entered the U.S. without inspection (EWI) or his or her lawful immigration status expired as of June 15, 2012;

· Is currently in school, has graduated from high school, has obtained a general education development (GED) certificate, or has been honorably discharged from the U.S. Coast Guard or U.S. Armed Forces;

· Has not been convicted of a felony offense, a significant misdemeanor offense, or 3 or more insignificant misdemeanors; and

· Does not pose a threat to national security or public safety.

We strongly urge to have an immigration attorney review one's case if the applicant has a criminal record which may include juvenile convictions. 


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