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.

USCIS Makes Forms Available for Deferred Action, Filing Starts Wednesday, August 15, 2012

During a Stakeholder Conference Call today, August 14, 2012, the USCIS announced final updates to the Deferred Action for Childhood Arrivals ('DREAM Act') filing process. Forms are now available for Deferred Action Requests, and the filing process will begin Wednesday, August 15, 2012.

Please note that although the forms and filing instructions are available today, August 14, 2012, requests will NOT be accepted before Wednesday, August 15, 2012. Any requests made BEFORE Wednesday, August 15, 2012, will be DENIED.

For updated information on the filing process and qualifications for the Deferred Action for Childhood Arrivals -- including information on what constitutes being "currently in school," and how previous false claims and/or juvenile delinquency affect a request -- follow the link below to the official USCIS website for Deferred Action for Childhood Arrivals. You may also download the form and form instructions through that link.

In addition, you may call the USCIS's toll-free hotline at (800) 375-5283 for any remaining questions you may have concerning the process.  

USCIS Deferred Action for Childhood Arrivals

USCIS Posts NEW Updates to Deferred Action for Childhood Arrivals Filing Process

            During a Stakeholder's conference call today, August 3, 2012, the USCIS announced a link to an updated website regarding Requests for Deferred Action for Childhood Arrivals. The updated website has extensive information on the filing process including:

·         Fees and fee exemptions

·         Filing dates

·         Forms

·         Evidence requirements

           

Follow the link below to read this newly released information:

www.uscis.gov/childhoodarrivals

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 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.

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

Are individuals who receive deferred action pursuant to the new directive eligible for employment authorization?

Yes. Pursuant to existing regulations, individuals who receive deferred action may apply for and may obtain employment authorization from USCIS provided they can demonstrate an economic necessity for their employment.


Does the process result in permanent lawful status for beneficiaries?

No. The grant of deferred action under this new directive does not provide an individual with permanent lawful status or a pathway to obtaining permanent lawful status. Only the Congress, acting through its legislative authority, can confer the right to permanent lawful status.


Why will deferred actions only be granted for two years?

Grants of deferred action will be issued in increments of two years. At the expiration of the two year period, the grant of deferred action can be renewed, pending a review of the individual case.


If an individual’s period of deferred action is extended, will individuals need to re-apply for an extension of their employment authorization?

Yes. If an individual applies for and receives an extension of the period for which he or she was granted deferred action, he or she must also request an extension of his or her employment authorization.

Deferred Action Directive ('Dream Act') F.A.Q.s: Part I

Who is eligible to receive deferred action under the Department’s new directive?

Pursuant to the Secretary’s June 15, 2012 memorandum, in order to be eligible for deferred action, individuals must:

1. Have come to the United States under the age of sixteen;
2. Have continuously resided in the United States for at least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3. Currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Not be above the age of thirty.

Individuals must also complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.



What is deferred action?

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.



How will the new directive be implemented?

Individuals who are not in removal proceedings or who are subject to a final order of removal will need to submit a request for a review of their case and supporting evidence to U.S. Citizenship and Immigration Services (USCIS). Individuals may request deferred action if they meet the eligibility criteria. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process.

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 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.

For individuals who are in removal proceedings before the Executive Office for Immigration Review, ICE will, in the coming weeks, announce the process by which qualified individuals may request a review of their case. Beginning June 18, individuals may call the ICE hotline at 1-888-351-4024, from 9 a.m. to 5 p.m., with questions or to request more information on the new 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.

Dream Act - Deferred Action for Young People without Immigration Status

Dream Act - Deferred Action

Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today’s action further enhances the Department’s ability to focus on these priority removals.

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

• Came to the United States under the age of sixteen;
• Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
• Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
• Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
• Are not above the age of thirty.

Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.

For more information visit www.uslegalvisa.com for a FREE case evaluation.