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 I

To request consideration of deferred Action for childhood arrivals, you must file Form I-821D, Consideration of Deferred Action for Childhood Arrivals; Form I-765, Application for Employment Authorization; and Form I-765WS, Form I-765 Worksheet. The fee to request consideration of deferred action for childhood arrivals is $465 and cannot be waived.

Fee exemptions are available in very limited circumstances. In order to be considered for a fee exemption you must submit a letter and supporting documentation demonstrating that you meet one of the following conditions:

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

               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,  or

               You, at the time of the request, accumulated $25,000 or more in debt in the past 12 months as the 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.

A request for a fee exemption must be filed and favorably adjudicated before you file a request for consideration of deferred action for childhood arrivals without a fee. If you submit Forms I-821D, I-765 and I-765WS to a USCIS Lockbox facility without a fee and there is no record a fee exemption request has been approved, both forms will be rejected and returned to you.

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.

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

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)

USCIS Creates Multilingual Resource Center; 22 Languages Available

On July 27, 2012, U.S. Citizenship and Immigration Services (USCIS) launched its online Multilingual Resource Center, a new feature on www.uscis.gov. The center provides a central location for USCIS resources in a variety of languages, to include - Haitian Creole, Polish and Vietnamese.

Offering certain immigration application information in other languages helps ensure USCIS communicates across many cultures and reaches a broader audience, while also ensuring that customers obtain information directly from USCIS, and not from unofficial - and possibly unscrupulous - sources. Materials are available in up to 22 languages, covering information on USCIS application processes as well as frequently asked questions. 

"Our Multilingual Resource Center is our most recent step in increasing customer access to important and accurate immigration information," said Director Alejandro Mayorkas. "By providing immigration information to our customers in their native languages, we improve our customers’ experience and enhance their ability to navigate our nation’s legal immigration system."    

One of the highlights of the Multilingual Resource Center is the inclusion of a new Spanish translation of The Handbook for Employers: Instructions for Completing Form I-9 (M-274). Over the past two decades, employers have been using this resource to better understand the employment eligibility verification requirements and how to complete Form I-9, Employment Eligibility Verification. The Handbook provides step-by-step guidance, clarifies the law, and answers frequently asked questions on completion of this form. The Spanish translation of the M-274 also will be included on the I-9 Central and E-Verify websites.  

Another feature of the new Multilingual Resource Center is the introduction of a collection of 13 newly translated How Do I… guides in Chinese. The English versions of these guides have been very useful to those needing help understanding immigration requirements and USCIS services. Now, sponsors, family members and friends can print out and provide these materials to the native Chinese speaker they are helping. These guides, already available in English and Spanish, are very useful for people who need help understanding immigration requirements and USCIS services. 

The Multilingual Resource Center can be found at www.uscis.gov/multilingual.

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.