USCIS Filing Process for Deferred Action Status for Childhood Arrivals

Beginning August 15th, 2012, USCIS will start accepting deferred action application from applicants. Applicants can concurrently file the application for deferred action with an application for a 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.

Applicants must file and obtain approval for fee exemptions before submitting their application for deferred action status without a fee.

To qualify for a 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, USCIS will not refer such cases to ICE. This applies if the case does not involve a criminal offense, fraud, or a threat to public safety. USCIS will initiate removal proceedings only in cases with 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. This is allowed if they met all the requirements for deferred action. They must also believe their application was denied due to one of the following errors.

• USCIS denied the application for deferred action status based on abandonment. The applicant claims they responded to a Request for Evidence within the prescribed time.
• USCIS mailed the Request for Evidence to the wrong address. The applicant submitted a Form AR-11, Change of Address, before they issued it.

Extension of Deferred Action Status after Two Years

Unless terminated, USCIS will not place individuals granted deferred action status into removal proceedings. They can remain in the United States for two years. They may file for an extension of their deferred action status after two years. The policy allows this, as long as they were not over 30 years old on June 15, 2012. They can be above 31 at the time of filing.

When USCIS extends deferred action status, it will also extend the work authorization.

Get immigration updates and for more detailed guidance on Deferred Action Status on our site or directly from USCIS here.