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.

Texas Woman Sentenced to 2 1/2 Years for Alien Trafficking

A local woman was sentenced to 30 months in federal prison Thursday, June 28, 2012, for her role in a conspiracy to transport and harbor illegal aliens, announced U.S. Attorney Kenneth Magidson, Southern District of Texas. The investigation was conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Petra Hernandez, 35, of Laredo, Texas, was also sentenced by U.S. District Judge George P. Kazen to serve three years of supervised release and 150 hours of community service. Judge Kazen also forfeited Hernandez's personal residence, which was used as a stash house and purchased with proceeds from the alien smuggling conspiracy spanning more than a decade. Hernandez pleaded guilty to the charges Sept. 7, 2011.

On July 10, 2011, HSI special agents executed a search warrant at Hernandez's residence and discovered 16 illegal aliens who had arranged to be smuggled to various parts of the United States. Hernandez was arrested and later indicted along with Rachele Lynn Munoz, 31, of Laredo, for harboring aliens at her home.

On Aug. 1, 2011, HSI special agents received information that a group of illegal aliens had been found in the brush by U.S. Customs and Border Protection's (CBP) Border Patrol. This information led special agents to suspect the person harboring them was Hernandez, who was out of jail on bond. She was again arrested, along with Nancy Rodriguez, 29, also of Laredo.

The indictment was later superseded charging Hernandez, Munoz and Rodriguez with conspiracy to harbor and transport aliens, and four substantial counts of harboring and transporting aliens. Hernandez subsequently pleaded guilty to one count of alien smuggling conspiracy. At the plea hearing, Hernandez admitted to being involved in transporting and harboring aliens from August 2001 through August 2011, and having used the proceeds from the illegal activities to fund a lavish lifestyle, including purchasing a house with cash and a cashier's check.

Munoz and Rodriguez also pleaded guilty to separate counts of alien transporting and alien harboring, and are awaiting sentencing. Munoz was released on bond pending sentencing. Rodriguez will remain in federal custody as an illegal alien subject to deportation after the judicial proceedings.

Hernandez had been on bond awaiting sentencing. However, on May 21, HSI special agents again found her harboring five illegal aliens. She was indicted on those charges June 5, and is currently pending trial on that case. She will remain in custody.

Assistant U.S. Attorneys Sonah Lee and D.J. Young, Southern District of Texas, prosecuted the case. Assistant U.S. Attorney Mary Ellen Smyth handled the asset forfeiture matter.

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.

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.

Sponsoring an Employee for Permanent Resident Status: Part V

Key Information

Immigrant Petition for Alien Worker	I-140
Petition for Amerasian, Widow(er), or Special Immigrant	I-360

USCIS

• On the Internet at: www.uscis.gov

For more copies of this guide, or information about other citizenship and immigration services, please visit our website. You can also download forms, e-file some applications, check the status of an application, and more. It’s a great place to start!

If you don’t have Internet access at home or work, try your local library. If you cannot find what you need, please call Customer Service.

•                      Customer Service: 1-800-375-5283 or

•                      Employment-based Visa Questions: 1-800-357-2099

•                      Hearing Impaired TDD Customer Service: 1-800-767-1833

Other U.S. Government Services
General Information	www.usagov.gov	1-800-333-4636
New Immigrants	www.welcometoUSA.gov
U.S. Dept. of State	www.state.gov	1-202-647-6575
	www.travel.state.gov/ visa
U.S. Dept of Labor	www.dol.gov	1-877-872-5627