Deferred ActionDeferred Action News
August 14,2012
Application is out! Here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=05faf6c546129310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I-821D, Consideration of Deferred Action for Childhood Arrivals
- Download I-821D, Consideration of Deferred Action for Childhood Arrivals (1KB PDF)
- Download I-821D, Consideration of Deferred Action for Childhood Arrivals Instructions (1KB PDF)
- Download Form G-1145, E-Notification of Application/Petition Acceptance (1KB PDF)
On June 15th President Obama announced that the Department of Homeland Security would stop deporting young immigrants who meet certain conditions.What does Obama’s June 15th announcement mean?
You may be eligible in the following circumstances:
| Age | Under 31 years old on June 15, 2012
Arrived in the US before age 16 You must be at least 15 years old to apply If you are already in removal proceedings, you are supposed to be protected under this policy even if you are less than 15 years old |
| Continuous Presence | You must have lived in the United States continuously for five years, between June 15, 2007 and June 15, 2012.
You must have been present in the United States on June 15, 2012 |
| Education or military service | At least one is true:
You are currently in school You have a high school diploma You have a general equivalency diploma (GED) You were honorably discharged from the US Coast Guard or Armed Forces |
| No criminal history | You have not been convicted of anything below:
A felony A significant misdemeanor Three or more misdemeanors of any sort The Department of Homeland Security does not consider you A public safety threat A national security threat |
How is this different from the DREAM Act?
The President’s memorandum of June 15, 2012 is a temporary fix. It is not The Dream Act and it does not confer nonimmigrant or permanent residence status for the beneficiaries. The grassroots movement supporting The Dream Act must continue and groups and individuals supporting The Dream Act must continue to lobby on behalf of its passage.
Could a new president end the deferred action program?
It is possible that a new president could rescind the deferred action memo. It is too soon to know what will happen if there is a change in administration.
What is a “significant misdemeanor”?
It is not exactly clear what the government considers a significant misdemeanor. According to documents recently released by the government, significant misdemeanors may include driving under the influence, possession of a controlled substance (such as marijuana), obstruction of justice, assault, and theft. Many of these crimes would result in your detention and possible deportation. If you have a misdemeanor conviction, do not make assumptions. It is possible that the government will consider it significant even if you do not think they will. It is critically important that you consult with a licensed attorney if you have any questions in connection with what constitutes a significant misdemeanor.
What could count as a “public safety threat”?
We do not know. It is possible that the government will consider any of the following:
- Charges brought against you in juvenile court;
- Connects with gang activity or any action where the police stopped you and asked you questions about gangs or gang membership; and/or
- Any arrest or dismissed charge.
What could count as a “national security threat”?
We do not know. DHS defines this as “participation in activities that threaten the United States”. This means they can look beyond your criminal convictions.
How do I apply?
There is no application process yet – USCIS is still figuring out the details. The government has said that the process will be available by mid-August.
What should I do right now?
At this point, there are three things you should do:
- Collect any documents that can prove the date you entered the United States and remained here between June 15, 2007 and June 15, 2012. These include:
| Financial records | Examples: lease agreements, mortgage agreements, bank statements, checks, bills |
| Medical records | Examples: immunization records, a medical history report from your doctor |
| School records. | Examples: report cards, progress reports, diplomas, transcripts, GED certificates.
You will also need to submit proof of current school enrollment, a high school diploma, or a GED certificate to qualify. |
| Employment records | Examples: pay stubs, employment contracts, direct deposit slips.
Do not use employment records if they have fake information on them. |
| Military records | |
| Other documents | Any other records that will help your case from a church, union, or other organization |
- Do a background check on your criminal history. Many states have systems for you to collect this information. In many cases, you can find it on your local county website or state government websites. Make sure you get them from all states where you believe you may have been arrested or convicted. You should not apply for deferred action without doing a background check even if there is just a small chance that you have any sort of criminal record.
- Get involved with an immigrant youth group in your area. They will know the resources in your area and help you figure out the application process once it is available.
- Attend a community education forum in your area.
How much will it cost to apply?
USCIS has not released any information relating to the filing fee. We will update this information as soon as USICS announces the application procedure.
How long will it take to process the application?
We don’t know yet. Currently, the processing time for an employment authorization document is about 80 days.
Will I be able to get a driver’s license?
This depends on your state. If you are approved for deferred action, you will receive an employment authorization document (EAD). With the EAD card you can apply for a Social Security Number. You can call your state’s department of motor vehicles or visit its website to see what documents they require.
Will I be able to pay in-state tuition for college?
If you live in a state that offers in-state tuition rates for undocumented immigrants attending public colleges, you will should still be able to get those tuition rates if you have deferred action. These states include Maryland, New York, Texas, New Mexico, California, Utah, Oklahoma, Kansas, Washington, Nebraska, Illinois, Rhode Island, and Connecticut. Colorado just passed a law allowing undocumented residents to pay 150% of in-state tuition.
For other states it is less clear if immigrants with deferred action will get in-state rates. It could also vary between schools. We will be looking into this in the coming weeks.
Will I be eligible for financial aid?
You will not be eligible for federal financial aid. The states of Texas and California offer financial aid without regard to immigration status. For other states the law is less clear.
Will I be eligible to join the US military?
No.
Will I be able to travel outside of the country?
We do not know. We expect USCIS to announce it policy in connection with international travel for deferred action applicants.
