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WASHINGTON— August 15, 2012, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting requests, effective immediately, for consideration of deferred action for childhood arrivals. On June 15, Secretary of Homeland Security Janet Napolitano announced that certain people who came to the United States as children and meet other key guidelines may request, on a case-by-case basis, consideration of deferred action.

“USCIS has developed a rigorous review process for deferred action requests under guidelines issued by Secretary Napolitano,” said USCIS Director Alejandro Mayorkas. “Childhood arrivals who meet the guidelines and whose cases are deferred will now be able to live without fear of removal, and be able to more fully contribute their talents to our great nation.”

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. USCIS will review requests and make decisions on a case-by-case basis.  While it does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred as part of this process will not be removed from the United States for a two-year period, subject to renewal, and may also apply for employment authorization.

USCIS is committed to ensuring that this new process works within the agency’s mission to administer our nation’s immigration benefits, provide high quality service to the public, and safeguard the integrity of the immigration system.

To learn more about the deferred action for childhood arrivals process, please visitwww.uscis.gov/childhoodarrivals or call the USCIS National Customer Service Center at 1-800-375-5283.

For more information on USCIS and its programs, please visit www.uscis.gov or follow on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

USCIS Publishes Forms for Consideration of Deferred Action for Childhood Arrivals

Individuals may begin filing tomorrow

Released Aug. 14, 2012

WASHINGTON— Today, U.S. Citizenship and Immigration Services (USCIS) submitted a Federal Register notice announcing new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS. USCIS will begin accepting completed forms tomorrow , August 15, 2012.  On June 15, Secretary of Homeland Security Janet Napolitano announced that certain people who came to the United States as children and meet other key guidelines may request, on a case-by-case basis, consideration of deferred action.

“The release of the new form and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS marks an important step in our implementation of this new process,” said USCIS Director Alejandro Mayorkas.  “While requests should not be submitted until August 15th, it is important that individuals wishing to be considered for deferred action understand the requirements necessary to demonstrate eligibility to be considered.”

Individuals requesting consideration of deferred action for childhood arrivals must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization (with accompanying fees); and an I-765WS, Worksheet. USCIS recently developed a series of resources to inform the on how the process will work. The website,www.uscis.gov/childhoodarrivals, includes a flier, a How do I brochure, frequently asked questions, and a number of other resources. USCIS encourages individuals with questions to visit this  website or call the USCIS National Customer Service line at 1-800-375-5283.

USCIS is aware of immigration scams surrounding the deferred action for childhood arrivals process. Often, unauthorized practitioners of immigration law may try to take advantage of individuals by charging a fee to submit forms to USCIS, or provide other services. The USCIS website www.uscis.gov/avoidscams includes tips on filing forms, reporting scams and finding accredited legal services.

DHS Outlines Deferred Action for Childhood Arrivals Process

USCIS to begin accepting requests for consideration of deferred action on August 15, 2012

released Aug. 3, 2012

WASHINGTON—The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.

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.

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 onwww.uscis.gov on August 15, 2012. It is important to note that this process is not yet in effect and individuals who believe they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012. Requests submitted before August 15, 2012 will be rejected. Individuals who believe they are eligible should be aware of immigration scams. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf. Visit www.uscis.gov/avoidscams for tips on filing forms, reporting scams and finding accredited legal services. Remember, the Wrong Help Can Hurt! An informational brochure and flyer are also available on www.uscis.gov.

ADDITIONAL INFORMATION:

Guidelines for Requesting Consideration of Deferred Action For Childhood Arrivals

What guidelines must I meet to be considered for deferred action for childhood arrivals?
Pursuant to the Secretary of Homeland Security’s June 15, 2012 memorandum, in order to be considered for deferred action for childhood arrivals, you must submit evidence, including support documents, showing that 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; and;
  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.

These guidelines must be met for consideration of deferred action for childhood arrivals. USCIS retains the ultimate discretion on whether deferred action is appropriate in any given case.

Source: U.S. Citizenship and Immigration Services (USCIS)
Logo credit to: U.S. Citizenship and Immigration Services (USCIS)

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