Uslgl.com Deferred Action Process For Young People Who Are Low Enforcement Priorities

July 5, 2012 - PRLog -- DEFERRED ACTION PROCESS FOR YOUNG PEOPLE WHO ARE LOW ENFORCEMENT PRIORITIES


WHAT IS DEFERRED ACTION?

Deferred action is a optional determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not give lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect; deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.


WHEN TO FILE

NOT YET.  On June 15, 2012, Department of Homeland Security (DHS) Secretary Napolitano issued a directive that gives the U.S. Citizenship and Immigration Services (USCIS) 60 days to create a process to accept deferred action requests for young people but they are not accepting these requests yet.  If submitted now the application will be rejected.  Within 60 days from the June 15, 2012 there should be a framework to accept these requests.  However, you may contact the Law Offices of S. Malachovsky, PLLC for a free consultation at (212) 804-5770 or visit our site for updates at www.StatusImmigration.com.


DOES AN APPROVED DEFFERED ACTION REQUEST  PROVIDE ELIGIBLITY FOR EMPLOYMENT AUTHORIZATION?
Yes. Pursuant to existing regulations, individuals who receive deferred action may apply for and may obtain employment authorization from USCIS provided they can demonstrate an economic necessity for their employment. Information about employment authorization requests is available on USCIS’s website at http://www.uscis.gov/i-765.


A PERSON IS ELIGIBLE IF:

1.   You have come to the United States under the age of sixteen; and

2.   You have continuously resided in the United States for at least five years before June 15,
2012 and are present in the United States on June 15, 2012; and

3.   You 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; and

4.   You 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.   You are not over the age of thirty.

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.
·   You must also complete a background check and must be 15 years old or older.