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Deferred Action Procedure

On August 15, 2012 U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications for deferred action. Requests for deferred action must be accompanied with the required USCIS form and $465 filing fee. Requests submitted prior to August 15, 2012 will be rejected.

The Department of Homeland Security (DHS) plans to concentrate its prosecution efforts against those who pose a threat to national security or public welfare or those who have been convicted of certain crimes. DHS intends to reserve its enforcement action against individuals with low priority cases, such as those who entered the United States as children. DHS has outlined the criteria to be eligible for prosecutorial discretion:

1. On June 15, 2012 you were under the age of 31;

2. You entered the U.S. prior to turning 16 years old;

3. You have continuously resided from the period beginning June 15, 2007 to Present;

4. You were physically present in the United Sates on June 15, 2012 and at the time your application for deferred action is filed with Immigration;

5. You entered the U.S. without status prior to June 15, 2012 or as of June 15, 2012 you are out of lawful immigration status;

6. You are currently pursuing an education in the United States, or you have graduated from high school or obtained the equivalent of a high school diploma, or you have been honorably discharged from the U.S. Armed Forces or the U.S. Coast Guard; and

7. You have not been convicted of a felony (a criminal offense punishable by imprisonment for a term exceeding one year), three or misdemeanors, or a significant misdemeanor, and you are not a threat to public safety or national security.

Deferred action will be granted at the discretion of DHS to individuals who show they meet the criteria. Applicants for deferred action will undergo background checks and biometrics.

If you have questions about deferred action please contact us at 888.861.4414 or immigration@rbrownllc.com

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