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USCIS Now Accepting Deferred Action Requests

U.S Citizenship and Immigration Services (USCIS) has released forms, instructions and additional information relevant to the deferred action for childhood arrivals (DACA) process. USCIS has now begun accepting requests for consideration of deferred action for individuals who arrived in the U.S. as children and are currently undocumented.

As background, on June 15, 2012, Secretary of Homeland Security Janet Napolitano announced that certain young people who entered the U.S. as children and meet several other criteria may be eligible, on a case-by-case basis, to receive deferred action, or temporary relief from deportation.

At a stakeholder meeting on August 14, 2012, USCIS Director Alejandro Mayorkas stated that the agency will not share information about applicants and their families with U.S. Immigration and Customs Enforcement (ICE) for enforcement purposes. At the August 14th stakeholder meeting, USCIS also noted that educational institutions must be accredited by a state or federal government.

Individuals requesting consideration of deferred action must submit the following forms available on the USCIS website:

  • • Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
    • Form I-765 (Application for Employment Authorization), with fees of $465 including the biometrics fee and issuance of a secure employment authorization document
    • Form I-765WS Worksheet (to establish economic need for employment)

The forms and applicable fees must be mailed to a USCIS lockbox in Phoenix, Dallas or Chicago, depending on where the applicant lives. The applications will then be forwarded to one of the four USCIS Service Centers for review. Fee waivers may not be requested for the application for employment authorization and biometric collection, however fee exemptions may be granted in limited circumstances. All applicants will be required to provide biometrics and undergo background checks. Processing is expected to take several months.

The USCIS website at www.uscis.gov/childhoodarrivals includes frequently asked questions, guidelines, examples of documentation to provide as evidence, information on fee exemptions, and other useful resources.

Orner & O’Brien cautions individuals who believe that they may be eligible to apply for deferred action to be aware of immigration scams and strongly encourages these individuals to contact immigration counsel prior to proceeding with the application, as there may be some risks involved. For more information on deferred action for childhood arrivals, please contact us at info@ornerobrien.com.