June 19, 2012

Deferred Action Process FAQ's

USCIS on the deferred action process.

Does the process result in permanent lawful status for beneficiaries?
No.  The deferred action process goes on a case by case issue.  Each applicant is looked at individually.
 
Does this policy apply to those who are subject to a final order of removal?
Yes.  An individual who is in a final order of removal can apply for a deferred action if he/she can demonstrate that they meet the requirements.

 If an individual who is about to be removed by ICE believes he or she satisfies the eligibility criteria for the new process, what steps should he or she take to ensure his or her case is reviewed before removal?
 Immediately contact the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.

Will individuals be subject to background checks before they can receive an exercise of prosecutorial discretion?
Yes. All individuals will undergo biographic and biometric background checks prior to receiving an exercise of prosecutorial discretion.  Those who have been convicted of a felony, a significant misdemeanor, three misdemeanors, or pose a threat to national security will not qualify for deferred action.

What do background checks involve?
Background checks involve checking biographic and biometric information.

What documentation will be sufficient to demonstrate that an individual was physically present in the United States as of June 15, 2012?
 Documentation to prove that an individual was physically present before June 15, 2012 includes financial, medical, school, employment, and military records.

 What documentation will be sufficient to demonstrate that an individual is currently in school, has graduated from high school, or has obtained a general education development certificate (GED)?
 Documentation sufficient for an individual to demonstrate that he or she is currently in school, has graduated from high school, or has obtained a GED certificate includes, but not limited to: diplomas, GED certificates, report cards, and school transcripts.

 What documentation will be sufficient to demonstrate that an individual is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States?
Documentation sufficient for an individual to demonstrate that he or she is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States includes, but is not limited to: report of separation forms, military personnel records, and military health records.

What offenses qualify as a "significant misdemeanor"?
 A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

Click on the following link for more helpful information!

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

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