USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced, effective immediately, certain young people who were already brought to the United States as young children may be considered for prosecutorial discretion of deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation.

Young people who may meet the criteria, but who are not in removal (deportation) proceedings, should not submit their applications for deferred action to the U. S. Citizenship and Immigration Services (USCIS) yet. USCIS is still developing procedures for deferred action applications, and will implement application procedures within 60 days from June 15, 2012.

At this time, a young applicant, currently in removal proceeding (without a final removal order) and meeting DHS deferred action criteria, may contact ICE (U.S. Immigration and Customs Enforcement) at 1-888-351-4042. Eligible young people with unexpired voluntary departure and meeting deferred action criteria may consider the option of motion to reopen their cases with ICE.

Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions.

The criteria for being considered for deferred actions are: 1.Came to the United States under the age of sixteen; 2.Have continuously resided in the United States for a least 5 years preceding the date of DHS deferred action memorandum (June 15, 2012) and are present in the United States on the date of DHS deferred action memorandum (June 15, 2012); 3.Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; 4.Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND 5.Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document (EAD). These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

July 7, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

Comprehensive Immigration Reform - Pathway to U.S. Immigration Status and Citizenship!

In conferences and radio interview held in August 2009, President Obama has reaffirmed his position in pursuing legislative action on comprehensive immigration reform, in 2010, of the currently broken U.S. immigration systems, after attending to more critical issues such as U.S. healthcare and financial reform.

Comprehensive immigration reform is a highly advocated proposal by the U.S. government to create immigration systems to provide immigration status and citizenship to millions of undocumented foreign nationals who are currently in the U.S., as well as providing opportunities for other foreign nationals to work and live in the U.S. under efficient and regulated processes.

Foreign nationals are vital to the U.S. economy, especially during this international economic crisis. Foreign nationals often bring with them diverse skill sets to fill the labor shortages for work which could not be completely filled by U.S. citizens. In addition, the diverse cultures and backgrounds of foreign nationals generate new and increased demands and services in the U.S., which in turn, will positively stimulate the economy and create additional jobs. The U.S. has been a country which has historically thrived on the contributions of immigrants and U.S. natives, and will continue to be so.

As a former immigrant and an immigration attorney, I have experienced the U.S. immigration systems on both personal and professional levels. After years of good faith efforts by the U.S. government to implement piecemeal immigration law (which often do not work in harmony with the other immigration law) to address immigration issues, the execution of the U.S. immigration law has become cumbersome and extremely difficult. A comprehensive immigration reform in the U.S. is crucial to a well-regulated society, workforce and economy.

It is not possible to halt illegal immigration into the U.S. The only way to implement fully functioning immigration systems for a well-regulated nation in the U.S. would be to allow legal entries of foreign nationals in orderly, systematic and regulated manners under harmonious comprehensive immigration systems.

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For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or http://www.tiyalaw.com/. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Will the Long-Awaited Proposed Legislation on Providing Green Card/Permanent Imigration Status to, & Uniting Families from Abroad Finally Becomes Law?

An important proposed legislation that seeks to promote timely unification of, and legal permanent residence status (also known as green card) to relatives abroad with their families in the U.S. has been reintroduced to the U.S. Senate. The Uniting American Families Act would help legal immigrants unite with and confer legal permanent residence (green card) status to their families from abroad and end the decade-long waiting periods for legal immigrant visas by, among other things, recapturing unused immigrant visas and eliminating the tragically long family immigration backlogs. The U.S. Senate Committee on the Judiciary has scheduled a hearing on "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law" on June 3, 2009.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or www.tiyalaw.com. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.