Timothy A. Gambacorta Immigration Law Blog on Lawyers.com

Many individuals were happy hearing President Obama’s announcement last week about the Deferred Action granted to young people who were brought to the United States as young children, given they meet the key criteria for relief from removal from the country or entered into removal proceedings.  This also ensures that resources are not spent on low priority cases like individuals brought to the United States as children, have not been convicted of any felony offense, any misdemeanor offenses, and meet the key criteria. Those who have met the criteria will be eligible to receive Deferred for 2 years, subject to renewal. For those individuals who are not currently in the United States and could not prove that they have been physically present for a continuous period of not less than 5 years are not eligible for deferred action.

USCIS and ICE are expecting to begin the implementation of the application processes within 60 days, with its guidance taking effect immediately. Listed below are the Frequently Asked Questions for those individuals who need some enlightenment about the Deferred Action.

What do you mean by Deferred Action?

Deferred Action is an act of prosecutorial discretion to indefinitely delay a removal proceeding of a particular individual from the United States. A grant of deferred action does not bestow any immigration status and does not relieve an individual of unlawful presence. An individual granted with deferred action may receive an employment authorization for as long as he or she can demonstrate an economic necessity for their employment. Deferred Action can also be terminated or renewed anytime at the agency’s discretion.

What are the qualifications in order to receive deferred action under the Department’s new directive? Who are eligible to apply?
Consistent to the Secretary’s June 15th, 2012 memorandum, individuals must:

¿         Have come to the United States under the age of 16.
¿         Have been residing in the United States continuously for at least 5 years preceding the date of memorandum and must also be present in the United States on the date of the memorandum.
¿         Be currently schooling, have finished high school have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces.
¿         Be 15 years old or older, but not older than 30 years old when filing an application.
¿         Have not have been convicted of a felony offense/ not be a threat to national security or public safety.
¿         Must be able to complete a background check.

Would this result to a permanent status for those who would receive the deferred action?

No. This is not a way to obtain a permanent lawful status.
 
Is it only granted for 2 years?
Issued in increments of 2 years and renewable, depending on the individual’s case review.

Does this still apply for those who are subject to a final order of removal?

Yes. Even when an individual already has a final order of removal, he or she is still eligible to apply for deferred action and may request for a review of his or her case for as long as he or she can demonstrate that he or she meets the criteria.

What involves the background checks?

It’s checking the biographic and biometric information provided by the individual against a variety of databases maintained by the DHS and other federal government agencies.

When can I apply?

USCIS indicated that they will begin accepting applications within 60 days from the June 15th’s announcement or mid-August. Do not apply for deferred action at this time if you are not in removal proceedings. Never trust anyone who claims they can already submit your application and ask you for application fee for deferred action. You must first wait until the federal government announces its processing schedule, otherwise it might only lead you to pay penalties or even deportation. All applicants are encouraged and advised to be cautious. We understand some are overwhelmed with the news and are already so excited to apply. But please do not put chances at stake to qualify for deferred action. Once again, let us all be patient and wait for the announcement as to when we can start submitting the application form.

What documents should I provide to prove that I am an honorably discharged veteran of the Coast Guard or an Armed Forced of the United States?

Here are some, but not limited to: Report of separation forms, military personnel records, and military health records.

Is there a certain fee to apply?

No announcement about the fee has been made yet.

What do you mean by a felony offense?

It is a federal, state or local criminal offense that is punishable by imprisonment for a term exceeding one year.

What qualifies a “significant misdemeanor?

An offense punishable by not more than 1 year of imprisonment or even no imprisonment that involves: threats, assault, violence (including domestic violence), sexual abuse or exploitation, burglary, larceny, fraud, driving under the influence of drugs or alcohol, obstruction of justice or bribery, unlawful flight from arrest, prosecution, or the scene of an accident, illegal possession or use of firearm, drug trafficking/ distribution, or illegal possession of drugs.

What are the documents needed to demonstrate that an individual has resided in the United States for at least 5 years preceding June 15, 2012

Documents include, but not limited to: financial records, medical records, school records, employment records, and military records.
 
What are the documents needed to demonstrate that an individual is currently in school, has graduated from high school, or has obtained GED (general education development) certificate?

Documents include, but not limited to: diplomas, GED certificates, report cards, and school transcripts.

For more answers to frequently asked questions, to chat live with Timothy A. Gambacorta, set up an appointment, or simply to learn more about The Gambacorta Law Office, please visit our website at The Gambacorta Law Office, LLC