Fee Exemptions for Deferred Action for Childhood Arrivals: Part III

What documents must I submit with my request?  This depends on the category for which you are requesting an exemption from the fee. USCIS must be able to determine your eligibility by examining your supporting documents. The supporting documents must be legible and in English or accompanied by a certified translation.

What are some examples of acceptable documentation?  This list contains examples of acceptable documentation and is not exhaustive:

               Exemption: You are under 18, homeless, in foster care, or otherwise lacking any parental or other familial support and your income is less than 150% of the U.S. poverty level.  

                       Evidence you are under 18, such as a birth certificate or school records.

                       Affidavit from a community-based or religious organization that attests to your homelessness or lack of parental or familial support.

                       Letter or statement from an agency that you are currently in foster care.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank accounts and/or have no income or evidence to prove your income level.

               Exemption: You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150% of the U.S. poverty level.

                       Medical records or insurance records that describe your serious, chronic disability.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank accounts and/or have no income or evidence to prove your income level.

               Exemption: You have accumulated $25,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level.

                       Medical bills, insurance records, or other reliable evidence of unreimbursed medical expenses of at least $25,000.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank account, and/or have no income or other evidence to prove your income level.

2012 Health and Human Services Poverty Guidelines:

48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands
Household Size	150% of HHS Poverty Guidelines
1	$16,755
2	$22,695
3	$28,635
4	$34,575
5	$40,515
6	$46,455
7	$52,395
8	$58,335
For families with more than 8 persons, add $5940 for each additional person.
Alaska
Household Size	150% of HHS Poverty Guidelines
1	$20,955
2	$28,380
3	$35,805
4	$43,230
5	$50,655
6	$58,080
7	$65,505
8	$72,930
For families with more than 8 persons, add $7425 for each additional person.
Hawaii
Household Size	150% of HHS Poverty Guidelines
1	$19,290
2	$26,115
3	$32,940
4	$39,765
5	$46,590
6	$53,415
7	$60,240
8	$67,065
For families with more than 8 persons, add $6825 for each additional person.

Fee Exemptions for Deferred Action for Childhood Arrivals: Part II

Steps to Request an Exemption from the Deferred Action for Childhood Arrivals Filing Fee
Step 1: You must:	Send a letter in English requesting the exemption. USCIS must be able to identify the individual who needs the exemption and the exemption category requested.                Attach documentation (copies are acceptable) supporting your request. The supporting documents must be in English or accompanied by a certified translation.                The letter must be signed by the individual requesting consideration for the fee exemption. If the individual needing the exception cannot sign, provide an explanation and evidence that the person who does sign is a parent or legal guardian.                Each person requesting to be exempt from paying the filing fee should submit their own letter. Multiple individuals should not be grouped into one letter.                Mail your request to: U.S. Citizenship and Immigration Services Attn:  Deferred Action for Childhood Arrivals Fee Exemption Request P.O. Box 75036 Washington, DC 20013
Step 2: USCIS will:	Review your letter and supporting documents to determine if you are in a circumstance to warrant an exemption.                Request additional evidence if needed.                Approve or deny your request.                Send you an approval or denial letter.
Step 3: You must:	If approved, attach a copy of the fee exemption approval letter to the front of your request package, which must include Forms I-821D, I-765 and I-765WS.                If denied, submit the $465 filing fee with your forms or resubmit your fee exemption request with corrections or additional documents.                File the Forms I-821D, I-765 and I-765WS according to the form instructions.

Deferred Action Directive F.A.Q.s: Part XV

Where can I find more information about where to go for Deferred Action?

I…	Who to submit a request to review my case:	Where can I get more information:
...am subject to a final order of removal.	U.S. Citizenship and Immigration Services (USCIS) when the application period opens	USCIS website at www.uscis.gov. Beginning June 18: USCIS hotline at 1-800-375-5283 (8 am-8 pm; English & Spanish)
…have a case pending before the Executive Office for Immigration Review or a federal court.	U.S. Immigration and Customs Enforcement (ICE) when the process for accepting requests is announced	ICE website at: www.ice.gov. Beginning June 18: ICE hotline at 1-888-351-4024 (9am – 5pm; English and Spanish)
…have never been apprehended or placed into removal proceedings.	U.S. Citizenship and Immigration Services (USCIS) when the application period opens	USCIS website at www.uscis.gov. Beginning June 18: USCIS hotline at 1-800-375-5283 (8 am-8 pm; English & Spanish)

Deferred Action Directive F.A.Q.s: Part XIV

Does this Administration remain committed to comprehensive immigration reform?

Yes. The Administration has consistently pressed for passage of comprehensive immigration reform, including the DREAM Act, because the President believes these steps are critical to building a 21st century immigration system that meets our nation’s economic and security needs.


Is passage of the DREAM Act still necessary in light of the new process?

Yes. As the President has stated, individuals who would qualify for the DREAM Act deserve certainty about their status, and this new process does not provide that certainty. Only the Congress, acting through its legislative authority, can confer the certainty that comes with a pathway to permanent lawful status.


How can I get more information on the new process?

Individuals seeking more information on the new process should visit ICE’s website (at www.ice.gov), USCIS’s website (at www.uscis.gov), or DHS’s website (at www.dhs.gov). Beginning June 18, individuals can also call ICE’s hotline (at 1-888-351-4024) or USCIS’s hotline (at 1-800-375-5283) during business hours with questions or to request more information on the new process.

Deferred Action Directive F.A.Q.s: Part XIII

Does deferred action provide individuals with a path to citizenship or permanent legal status?

No. A grant of deferred action is a form of prosecutorial discretion that does not confer a path to citizenship or lawful permanent resident status. Only the Congress, acting through its legislative authority, can confer these rights.

Why isn’t DHS allowing other individuals to request deferred action under this process?

As a general matter, young people who, through no fault of their own, were brought to this country as children, lacked the intent to violate the law and our ongoing review of pending removal cases is already offering administrative closure to many of them. However, additional measures are necessary to ensure that our enforcement resources are not expended on these low priority cases but are instead appropriately focused on people who meet our enforcement priorities.

Deferred Action Directive F.A.Q.s: Part XII

If I receive deferred action through this process, will I be able to travel outside the United States?

USCIS is exploring this issue and will resolve it in the coming weeks as part of its implementation plan.

Will there be any exceptions to the requirement that an individual must have resided in the United States for a least five years preceding June 15, 2012?

An individual must demonstrate that he or she has resided in the United States for a least five years preceding June 15, 2012. Brief and innocent absences undertaken for humanitarian purposes will not violate this requirement.

What should I do if I am eligible under this process and have been issued an ICE detainer following an arrest by a state or local law enforcement officer?

If you meet the eligibility criteria and have been served a detainer, you should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate either through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.

Deferred Action Directive F.A.Q.s: Part XI

If an individual’s request to USCIS for deferred action is denied, will he or she be placed in removal proceedings?

For individuals whose requests for deferred action are denied by USCIS, USCIS will apply its existing Notice to Appear guidance governing USCIS’s referral of cases to ICE and issuance of notices to appear. Under this guidance, individuals whose requests are denied under this process will be referred to ICE if they have a criminal conviction or there is a finding of fraud in their request.

Should individuals who are not in removal proceedings but believe themselves to be eligible for an exercise of deferred action under this process seek to place themselves into removal proceedings through encounters with ICE or CBP?

No. Individuals who are not in removal proceedings but believe that they satisfy the eligibility criteria should submit their request for review of their case to USCIS under the procedures that USCIS will implement.
This process is not yet in effect and requests should not be submitted at this time. Beginning June 18, individuals may call the USCIS hotline at1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website (at http://www.uscis.gov).

Deferred Action Directive F.A.Q.s: Part X

Will there be supervisory review of decisions by ICE and USCIS under this process?

Yes. Both ICE and USCIS will develop protocols for supervisory review as part of their implementation of the new process.

Can individuals appeal a denial by ICE or USCIS of their request for an exercise of prosecutorial discretion under the new process?

No. Individuals may not appeal a denial by ICE or USCIS of their request for an exercise of prosecutorial discretion. However, ICE and USCIS will develop protocols for supervisory review as part of their implementation of the new process. Although there is no right for appeal, individuals in removal proceedings who believe their cases were not correctly handled may contact the ICE Office of the Public Advocate either by phone at 1-888-351-4024 or by e-mail at EROPublicAdvocate@ice.dhs.gov.

Will dependents and other immediate relatives of individuals who receive deferred action pursuant to this process also be eligible to receive deferred action?

No. The new process is available only to those who satisfy the eligibility criteria. As a result, the immediate relatives, including dependents, of individuals who receive deferred action pursuant to this process are not eligible to apply for deferred action as part of this process unless they independently satisfy the eligibility criteria.

Deferred Action Directive F.A.Q.s: Part IX

What qualifies as a national security or public safety threat?

If the background check or other information uncovered during the review of an individual’s request for deferred action indicates that the individual’s presence in the United States threatens public safety or national security, he or she will be ineligible for an exercise of prosecutorial discretion. Indicia that an individual poses such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States.


How will ICE and USCIS handle cases involving individuals who do not satisfy the eligibility criteria under this new process but may be eligible for an exercise of prosecutorial discretion under the June 2011 Prosecutorial Discretion Memoranda?

If an individual has a final order of removal and USCIS determines that he or she does not satisfy the eligibility criteria, then it will reject the individual’s request for deferred action. That individual may then request an exercise of prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion Memoranda through any of the established channels at ICE, including through a request to the ICE Office of the Public Advocate or to the local Field Office Director. USCIS will not consider requests for review under the ICE June 2011 Prosecutorial Discretion Memoranda.

If an individual is currently in removal proceedings and ICE determines that he or she does not satisfy the eligibility criteria for deferred action under this process, it will then consider whether the individual is otherwise eligible for an exercise of prosecutorial discretion under its current practices for assessing eligibility under the June 2011 Prosecutorial Discretion Memoranda.

Deferred Action Directive F.A.Q.s: Part VIII

What offenses qualify as a felony?

A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.


What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.


How many non-significant misdemeanors constitute “multiple misdemeanors” making an individual ineligible for an exercise of prosecutorial discretion under this new process?

An individual who is not convicted of a significant misdemeanor but is convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct is not eligible to be considered for deferred action under this new process.

Deferred Action Directive F.A.Q.s: Part VII

What documentation will be sufficient to demonstrate that an individual is currently in school, has graduated from high school, or has obtained a general education development certificate (GED)?

Documentation sufficient for an individual to demonstrate that he or she is currently in school, has graduated from high school, or has obtained a GED certificate includes, but is not limited to: diplomas, GED certificates, report cards, and school transcripts.


What documentation will be sufficient to demonstrate that an individual is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States?

Documentation sufficient for an individual to demonstrate that he or she is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States includes, but is not limited to: report of separation forms, military personnel records, and military health records.


What steps will USCIS and ICE take to prevent fraud in the new processes?

An individual who knowingly makes a misrepresentation to USCIS or ICE, or knowingly fails to disclose facts to USCIS or ICE, in an effort to receive deferred action or work authorization in this new process will be treated as an immigration enforcement priority to the fullest extent permitted by law, subjecting the individual to criminal prosecution and/or removal from the United States.


Are individuals with a conviction for a felony offense, a significant misdemeanor offense, or multiple misdemeanors eligible for an exercise of prosecutorial discretion under this new process?
No. Individuals who have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct are not eligible to be considered for deferred action under the new process.

Deferred Action Directive F.A.Q.s: Part VI

What do background checks involve?

Background checks involve checking biographic and biometric information provided by the individuals against a variety of databases maintained by DHS and other federal government agencies.

What documentation will be sufficient to demonstrate that an individual came to the United States before the age of 16?

Documentation sufficient for an individual to demonstrate that he or she came to the United States before the age of 16 includes, but is not limited to: financial records, medical records, school records, employment records, and military records.

What documentation will be sufficient to demonstrate that an individual has resided in the United States for a least five years preceding June 15, 2012?

Documentation sufficient for an individual to demonstrate that he or she has resided in the United States for at five years immediately preceding June 15, 2012 includes, but is not limited to: financial records, medical records, school records, employment records, and military records.

What documentation will be sufficient to demonstrate that an individual was physically present in the United States as of June 15, 2012?

Documentation sufficient for an individual to demonstrate that he or she was physically present on June 15, 2012, the date the memorandum was issued, includes, but is not limited to: financial records, medical records, school records, employment records, and military records.

Deferred Action Directive F.A.Q.s: Part V

If an individual’s case was reviewed as part of the case-by-case review process but he or she was not offered administrative closure, can he or she receive deferred action under the new process?

Yes. Individuals who can demonstrate that they meet the eligibility criteria will be eligible for deferred action even if they were not offered administrative closure following review of their case as part of the case-by-case review process.


Will DHS personnel responsible for reviewing requests for an exercise of prosecutorial discretion under this process receive special training?

Yes. ICE and USCIS personnel responsible for considering requests for an exercise of prosecutorial discretion under the Secretary’s directive will receive special training.


Will individuals be subject to background checks before they can receive an exercise of prosecutorial discretion?

Yes. All individuals will undergo biographic and biometric background checks prior to receiving an exercise of prosecutorial discretion. Individuals who have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety are not eligible to be considered for deferred action under the new process.

Deferred Action Directive F.A.Q.s: Part IV

If an individual who satisfies the eligibility criteria is encountered by Customs and Border Protection (CBP) or ICE, will he or she be placed into removal proceedings?

This policy is intended to allow ICE and CBP to focus on priority cases. Pursuant to the direction of the Secretary of Homeland Security, for individuals who satisfy the eligibility criteria, CBP or ICE should exercise their discretion to prevent them from being apprehended, placed into removal proceedings, or removed. If individuals, including individuals in detention, believe they were placed into removal proceedings in violation of this policy, they should contact either the Law Enforcement Support Center.


If an individual accepted an offer of administrative closure under the case-by-case review process or if his or her case was terminated as part of the case-by-case review process, can he or she receive deferred action under the new process?

Yes. Individuals who can demonstrate that they meet the eligibility criteria will be eligible for deferred action even if they had accepted an offer of administrative closure or termination under the case-by-case review process. For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria as part of ICE’s case-by-case review, ICE will immediately begin to offer deferred action for a period of two years, subject to renewal.


If an individual declined an offer of administrative closure under the case-by-case review process, can he or she receive deferred action under the new process?

Yes. Individuals who can demonstrate that they meet the eligibility criteria will be eligible for deferred action even if they declined an offer of administrative closure under the case-by-case review process.

Deferred Action Directive F.A.Q.s: Part III

Does this policy apply to those who are subject to a final order of removal?

Yes. An individual subject to a final order of removal who can demonstrate that he or she meets the eligibility criteria can request a review of his or her case and receive deferred action for a period of two years, subject to renewal. All cases will be considered on an individualized basis.
This process is not yet in effect and requests should not be submitted at this time. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process. Beginning June 18, individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website (at http://www.uscis.gov).


How soon after USCIS receives a request to review a case will the individual receive a decision on his or her request?

USCIS will provide additional information on this issue in the coming weeks. Information will be made publicly available at www.uscis.gov.


If an individual who is about to be removed by ICE believes he or she satisfies the eligibility criteria for the new process, what steps should he or she take to ensure his or her case is reviewed before removal?

Individuals who believe they can demonstrate that they satisfy the eligibility criteria and are about to be removed should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024.