Breaking News Update on Deferred Action: August 3, 2012

Today, in Washington, the Department of Homeland Security provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.

Back on June 15, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.

USCIS expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.

Important information shared during today’s call includes the following highlights:
-Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.

-Requestors will use a form developed for this specific purpose.

-Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.

-All requestors must provide biometrics and undergo background checks.

-Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.

-The four USCIS Service Centers will review requests.

Additional information regarding the Secretary’s June 15 announcement will be made available on on August 15, 2012. It is important to note that this process has not been finalized and is therefore not yet in effect. Individuals who believe they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012. Any requests submitted before August 15, 2012 will be rejected and may further delay the process for being granted deferred action. Also, individuals who believe they are eligible for deferred action should be aware of immigration scams, so it is highly encouraged to consult with an immigration lawyer when seeking this benefit. We will continue to provide updates when deferred action becomes available to individuals and will provide consultation on what is needed to qualify.