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Deferred Action

Deferred Action

for you or your children

On June 15, 2012 the Department of Homeland Security determined that certain people brought to the United States as young children do not pose a threat to national security or public safety. In many cases, they determined these people should be removed from consideration of removal, or deportation, from the country. Additionally, these people are now eligible for a Deferred Action period of two years after which they are either subject for renewal or ready for work authorization.

Charlotte Viener & Associates deals with many Deferred Action situations. We’re the experts in helping you understand the specifics and navigate the steps of a Deferred Action application and can help you figure out whether you or your children are eligible.

Frequently-Asked Questions Regarding Deferred Action

Who qualifies for Deferred Action?

You may qualify if you:

  1. Were under the age of 31 as of June 15, 2012
  2. Came to the United States before reaching your 16th birthday
  3. Have continuously resided in the United States since June 15, 2007, up to the present time
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
How is deferred action different from a visa?

Deferred action is not a granting of amnesty or permanent in any way. It’s important to note that it is not a pathway to a green card or to legal citizenship. Those granted Deferred Action will simply be deemed eligible to apply for work authorization and will receive a temporary reprieve from deportation.

Deferred Action is granted for two years at a time which means that individuals receiving it must request a renewal or an extension if necessary. Work authorization may be extended under Deferred Action.

How do you apply for Deferred Action?

Beginning August 15, 2012, certain undocumented youth will be able to apply by submitting three forms released by USCIS: I-821D, Consideration of Deferred Action for Childhood Arrivals; I-765, Application for Employment Authorization; and the I-765 Worksheet, and by paying a $465 application fee.

If you have questions about the paperwork involved in filing for Deferred Action, contact The Law Offices of Charlotte Viener today.

It’s important to remember that although the process seems relatively straightforward, complications may arise. In essence, applying for Deferred Action “reveals” you to the U.S. government as an undocumented resident. While the program is designed to offer some level of assurance to applicants, consulting with an immigration attorney before applying is highly advised in any Deferred Action scenario.

For assistance with your Deferred Action application, please contact the experienced immigration attorneys of Charlotte Viener & Associates.

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