Consideration of Deferred Action for Childhood Arrivals

Aug. 28, 2012 - PRLog -- under the age of 31 as of June 15, 2012;
   Came to the United States before reaching your 16th birthday;
   Have continuously resided in the United States since June 15, 2007, up to the present time;��
   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;
   Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
   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
   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.

HOW DO I REQUEST CONSIDERATION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS?
You must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This form must be completed, properly signed and accompanied by a Form I-765, Application for Employment Authorization, and a Form I-765WS, Form I-765 Worksheet. Failure to submit a completed Form I-765 (along with the accompanying filing fees for that form), will preclude consideration for deferred action. While there is no filing fee for Form I-821D, you must submit the $380 filing fee for Form I-765, which includes the Form I-765WS, and a biometric services fee of $85 required for the Application for Employment Authorization for a total of $465.
Please see the USCIS website at www.uscis.gov/I-821D and www.uscis.gov/I- 765 for complete filing instructions and www.uscis.gov/childhoodarrivals or call the Law Offices of S. Malachovsky, PLLC at (212) 804-5770 for additional information on the deferred action for childhood arrivals process and frequently asked questions.
WHAT EVIDENCE SHOULD I SUBMIT WITH MY REQUEST FOR CONSIDERATION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS?
Evidence, including supporting documents, that you file with your request for deferred action should show that you meet the guidelines outlined in the section above entitled �How do I know if I may request consideration of deferred action for childhood arrivals?� This includes evidence that you:
   Were born after June 15, 1981 (i.e., you were not age 31 or older on June 15, 2012);
   Arrived in the United States before the age of 16;
   Have continuously resided in the United States since June 15, 2007, up to the present time; ��
   Were present in the United States on June 15, 2012;
   Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
   Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and
   Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request.

   1.This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals you must submit your request to USCIS. You do not need to be 15 years of age or older at the time of filing if you are in removal proceedings, have a final removal order, or have a voluntary departure order. All cases will be considered on an individual basis.
   1.Submit a copy of the removal order or any document issued by the immigration judge or the final decision from the Board of Immigration Appeals (BIA), if available. If you have not been in removal proceedings, this does not apply to you.

For information about specific documents that may show your absence was brief, casual, and innocent, please read the instructions to Form I-821D at www. uscis.gov/I-821D and the frequently asked questions at www.uscis.gov/childhoodarrivals or call the Law Offices of S. Malachovsky, PLLC at (212) 804-5770 .
Will USCIS conduct a background check when reviewing my request for consideration of deferred action for childhood arrivals?

Yes. You must undergo biographic and biometric background checks before USCIS will exercise prosecutorial discretion under the consideration of deferred action for childhood arrivals process. If you have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, you will not be considered for deferred action for childhood arrivals except in exceptional circumstances.
What happens after I submit my request for consideration of deferred action for childhood arrivals?

After your Form I-821D, Form I-765, and Form I-765WS have been received, USCIS will review them for completeness, including submission of the required fees, initial evidence and supporting documents. If it is determined that the request is complete, USCIS will send you a receipt notice. USCIS will then send you a notice scheduling you to visit an Application Support Center for biometric services. You may choose to receive an e-mail and/or text message notifying you that your form has been accepted by completing a Form G-1145, E-Notification of Application/Petition Acceptance. Please see www.uscis.gov/G-1145 for E-notification instructions.

Each request for consideration of deferred action for childhood arrivals will be reviewed on an individual, case-by-case basis. You will be notified of USCIS�s determination in writing. USCIS may request more information or evidence, or may request that you appear at a USCIS office. There is no appeal or motion to reopen/reconsider the denial of a request for consideration of deferred action of childhood arrivals.
Can I extend the period for which removal action will be deferred in my case?

Yes. Unless terminated, individuals whose case is deferred pursuant to the consideration of deferred action for childhood arrivals process will not be placed into removal proceedings or removed from the United States for a period of two years. You may request consideration for an extension of that period of deferred action. You must also request an extension of your employment authorization at that time. Your request for an extension will be considered on a case-by-case basis.
If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?

FOR MORE INFORMATION CALL THE LAW OFFICES OF S. MALACHOVSKY PLLC AT (212) 804-5770 or Visit our sit for updates at www.StatusImmigration.com

   The above information was adapted from the www.USCIS.gov website

   Please Notice: We Urge You To Consult With A Qualified Immigration Attorney Before You Begin An Immigration Process Or Non-Immigration Process Or Petition Or Apply For Any Of The Forms Discussed In This Article. This Article Is Designed For General Information Only. The Information You Obtain From This Article Is Not, Nor Is It Intended To Be, Legal Advice And It Should Not Be Construed As A Formation Of A Client-Attorney Relationship. Resulting Phone Conversations Or Email Replies Do Not Constitute Or Form A Client-Attorney Relationship Or Legal Representation, Which Can Only Occur After The Execution Of A Formal Client-Attorney Agreement. You May Contact My Office For A Free Consultation At 212-804-5770.