USCIS Filing Process for Deferred Action Status for Childhood Arrivals

Beginning August 15th, 2012, USCIS will start accepting deferred action application from applicants. The application for deferred action can be concurrently filed with an application for work authorization document. The Immigration application fee will be $465.00.

USCIS Background Check for Deferred Action Application

Applicants will be required to undergo biographic and biometric background checks. Applicants 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, will not be considered for deferred action status except where Department of Homeland Security determines there are exceptional circumstances.

Fee Waiver & Fee Exemption for Deferred Action Application

There will be no fee waivers available for work authorization applications related to the deferred action process.
There will be limited fee exemptions available.

Requests for fee exemptions must be filed and approved before an applicant files his/her application for deferred action status without a fee.

In order to be considered for fee exemption, applicants must meet one of the following conditions:

• Applicant is less than 18 years of age, homeless, in foster care or otherwise lacking any parental or other family support and his or her income is less than 150% of the U.S. poverty level.
• Applicant cannot care for him or herself due to a serious, chronic disability and his or her income is less than 150% of the U.S. poverty level.
• Applicant, at the time of the Fee exemption request, has accumulated $25,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses and his or her income is less than 150% of the U.S. poverty level.

Evidence Required for Fee Waiver Exemption

USCIS has indicated it will:

• Accept affidavits from community-based or religious organizations to establish an applicant’s homelessness or lack of parental or other family financial support.
• Accept copies of tax returns, banks statement, pay stubs, or other reliable evidence of income level. Evidence can also include an affidavit from the applicant or a responsible third party attesting that the applicant does not file tax returns, has no bank accounts, and/or has no income to prove income level.
• Accept copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $25,000.

Denial of Application for Deferred Action Status

Where an application for deferred action status is denied, and the applicant’s case does not involve a criminal offense, fraud, or a threat to national security or public safety, USCIS has indicated it will not refer such cases to ICE for purposes of removal proceedings except where there are exceptional circumstances.

No Appeal of USCIS Decision to Deny Deferred Action Status

Applicants cannot appeal a denied application for deferred action status, nor file a motion to reopen or reconsider.
They may however, request a review of a denied application from USCIS if they met all of requirements for deferred action and believe that their application was denied due to one of the following errors:

• USCIS denied the application for deferred action status based on abandonment and applicant claim that he or she did respond to a Request for Evidence within the prescribed time; or
• USCIS mailed the Request for Evidence to the wrong address, even though applicant had submitted a Form AR-11, Change of Address, before the issuance of the Request for Evidence.

Extension of Deferred Action Status after Two Years

Unless terminated, individuals granted deferred action status will not be placed into removal proceedings or removed from the United States for a period of two years. They may file for an extension of their deferred action status after two years, as long as they were not above the age of 30 on June 15, 2012 even though they are above 31 years at the time of filing the extension.

Where deferred action status is extended, the work authorization will also be extended.

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