Deferred Action Requirements

Sarasota Immigration Attorney Victoria Jaensch Karins

Immigration Attorney Victoria Jaensch Karins offers answers to questions concerning the new Deferred Action policy.

As the date of implementation of the new deferred action policy draws near more details about requirements for the application are being released. I recently returned from a meeting concerning the requirements for  Deferred Action and wanted to share information from that meeting. There are still some questions and as we learn more we will add it to the blog. In the meantime, readers can go to www.uscis.gov/childhoodarrivals to find out more.

 Q: When will USCIS begin accepting applications for Deferred Action?

• August 15, 2012.

Q: What will a Deferred Action applicant need to demonstrate?

1. Applicant under age 31 as of 6/15/2012.
2. Came to US before age 16.
3. Continuous residence as of 6/15/2007 for 5 years and physical presence at time of filing.
4. Entered without inspection or status expired prior to 6/15/ 2012.
5. Currently enrolled in school, high school diploma, GED, or honorable discharge from military.
6. Enrollment in school or GED can be after 6/15/2012 so long as it is as of date of filing
7. Not convicted of felony, significant misdemeanor or 3 or more misdemeanors.

Q: How old can I be to apply?

• Applicants must be over 15 to file unless in removal.

Q: Does significant misdemeanor include a DUI?

• Yes.

Q: If I apply and am denied, will I be in danger of deportation?

• No. Information on the application (including information on family members) will not be disclosed to ICE or CBP for removal purposes – in other words, applicants and their family members will not be placed in removal just because they apply and are denied for some reason. However, they will exercise prosecutorial discretion where there are issues of national security, criminal offenses, etc.

Q: What will the cost of applying be?

• Total fee will be $465

Q: Can the fee be waived?

• No fee waivers but there are fee exemptions for certain situations. Fee exemption must be requested prior to applying for Deferred Action (but not prior to 8/15)

Q: Will I need to get my fingerprints taken?

• Yes, applicants will have to get biometrics.

Q: Will there be an interview?

• There will be no interview, except in some cases were fraud may be indicated or for quality control purposes.

Q: If I apply and am denied can I appeal?

• There will be no review or appeal of denials.

Q: Can I apply for an Employment Authorization Document (EAD) at the same time?

• EADs can be applied for at the same time as Deferred Action and will be granted also for two years. Must show economic need

Q: Can I renew my Deferred Action status?

• Renewals of Deferred Action and Employment Authorization Documents will be available in two year increments

See these other articles for more information:

1. “USCIS Aceptará Solicitudes Para Acción Diferida el 15 de Agosto”
2. “Deferred Action Applicants Should Collect Student Records Now“
3. “Sarasota Immigration Attorneys Welcome Deferred Action Announcement”

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Written by Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.