It is a major step towards the immigration reform that President Obama had promised when he took office to all the young people who were brought into United States on no fault of their own and are living as illegal immigrants since then. I personally know a boy, currently 18 years old, who was brought into US by crossing the border at age 1 or 2 (with his mom of course!). So, it is a major relief for such people.
On June 15, 2012, Secretary Napolitano announced this step after the President used his executive powers. We all know what it is about and the official announcement with most of the FAQs is located ON THIS PAGE. This is actually a very informative page for starters. In this post, I'll try to apply some common sense and answer few more questions about this process. Disclaimer: The information in this post is not official and USCIS website is the source to rely on. This is just to present a ballpark.
Frequently Asked Questions Answered (to the best of my common sense):
What is the process to obtain work authorization via deferred action?
It is a two step process to obtain your work authorization. Eligible applicants should apply for deferred action and only if deferred action approval documents are received, applicant should go ahead and request a work permit by filing form-i765 (for employment authorization document or EAD) based on category (c)(14) along with deferred action document and proof of " financial need to work". There is a good chance that an applicant may be able to apply for deferred action and work permit together (a one step process) expediting the entire process.
How long is the entire process of receiving deferred action and EAD (work permit)?
Generally speaking, work permit via any category takes around 60-90 days to be processed. Add a month or two to work permit processing time and that should be a fair guesstimate for duration of the entire process (Entire process = Deferred Action + Work Permit = 60-90 days + 30-60 days = 90-120 days).
What happens after 2 years?
After 2 years, the applicant can renew the deferred action (hence work permit and everything else) if the applicant has not committed any crime, or anything else, that would convince USCIS that the applicant is a threat to the US. If the renewal is rejected, it is natural that the applicant will be placed under removal proceedings.
What are the required supporting documents for the entire process?
On June 15, 2012, Secretary Napolitano announced this step after the President used his executive powers. We all know what it is about and the official announcement with most of the FAQs is located ON THIS PAGE. This is actually a very informative page for starters. In this post, I'll try to apply some common sense and answer few more questions about this process. Disclaimer: The information in this post is not official and USCIS website is the source to rely on. This is just to present a ballpark. Frequently Asked Questions Answered (to the best of my common sense):
What is the process to obtain work authorization via deferred action?
It is a two step process to obtain your work authorization. Eligible applicants should apply for deferred action and only if deferred action approval documents are received, applicant should go ahead and request a work permit by filing form-i765 (for employment authorization document or EAD) based on category (c)(14) along with deferred action document and proof of " financial need to work". There is a good chance that an applicant may be able to apply for deferred action and work permit together (a one step process) expediting the entire process.
How long is the entire process of receiving deferred action and EAD (work permit)?
Generally speaking, work permit via any category takes around 60-90 days to be processed. Add a month or two to work permit processing time and that should be a fair guesstimate for duration of the entire process (Entire process = Deferred Action + Work Permit = 60-90 days + 30-60 days = 90-120 days).
What happens after 2 years?
After 2 years, the applicant can renew the deferred action (hence work permit and everything else) if the applicant has not committed any crime, or anything else, that would convince USCIS that the applicant is a threat to the US. If the renewal is rejected, it is natural that the applicant will be placed under removal proceedings.
What are the required supporting documents for the entire process?
- Entered US under the age of sixteen: Passport or Birth Certificate from home country AND Educational/medical/financial records that prove applicant's presence in US under the age of 16. If the applicant entered US via a visa (and overstayed), I-94 card is a great proof of entry.
- Continuously resided in US for 5 years preceding June 15, 2012: Educational/medical/financial records. Consistent banking activity (such as deposits/withdrawals). It seems as though school transcripts are a very strong proof.
- Education: Naturally school transcripts, progress cards, diplomas, ID cards (school includes High School and all other educational institutions claimed to have attended).
- Background: Fingerprints are sent to authorities for background check.
- Not above the age of 30: Any document (government) that states your date of birth (such as foreign passport, birth certificate, etc.)
When can I apply?
USCIS has 60 days from June 15, 2012 to device an organized application process for deferred action. Therefore, the application process must open before August 15, 2012. Apply as soon as possible to avoid delays. Keep your documents organized and be ready as soon as the application opening date is announced. Since this is not a law and the next president can very well veto this, applicant should take prompt actions.
How do we prove our presence in US for every single day?
It is next to impossible for even a citizen (let alone an illegal) to prove his/her presence for each day in the US. Provide the authorities with as many supporting documents as possible and let them be the judge of how credible your claim of continuous presence is. In other words, no documented proof for few weeks to a month or two between duration of proved presence should be pardoned. However, longer periods with no proof of presence could ring a bell.
How do we prove our presence in US for every single day?
It is next to impossible for even a citizen (let alone an illegal) to prove his/her presence for each day in the US. Provide the authorities with as many supporting documents as possible and let them be the judge of how credible your claim of continuous presence is. In other words, no documented proof for few weeks to a month or two between duration of proved presence should be pardoned. However, longer periods with no proof of presence could ring a bell.
Can I get a green card through this process?
No this is not possible. In case the applicant marries a US citizen and is eligible for adjustment of status (under some other provision), it will be dealt independent of this process.
Is lawyer necessary?
Lawyer is never necessary in immigration applications but always recommended because of his/her experience. Do your research and select only the authorized attorneys and beware of suspend law offices.
If I meet all eligibility criteria, am I guaranteed a deferred action?
No. Even if the applicant meets all the criteria, he/she might still be denied any deferred action. Each case is dealt individually, however, if your proofs are well documented, there is no reason for you to be disqualified.
If I don't meet all the eligibility criteria, should I still apply in hopes for a stroke of luck?
No, there is no luck in this process. If you don't meet all the criteria, you will NOT qualify for deferred action. To make matters worse, you will be most likely put into removal proceedings (for deportation). On a related note, in desperation, do not provide false information to authorities. It is known as misrepresentation and it's a felony.
If I meet all eligibility criteria, am I guaranteed a deferred action?
No. Even if the applicant meets all the criteria, he/she might still be denied any deferred action. Each case is dealt individually, however, if your proofs are well documented, there is no reason for you to be disqualified.
If I don't meet all the eligibility criteria, should I still apply in hopes for a stroke of luck?
No, there is no luck in this process. If you don't meet all the criteria, you will NOT qualify for deferred action. To make matters worse, you will be most likely put into removal proceedings (for deportation). On a related note, in desperation, do not provide false information to authorities. It is known as misrepresentation and it's a felony.
Updated: 7/2/2012
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