Procedures for the President's Immigration Action Not Yet in Place

The President announced that the spouses and parents of U.S. citizens and permanent residents who have been in the United States for five years, pass a background check, and pay their taxes can qualify for deferred action. At this time, USCIS reports that there are no procedures to apply for this program.  We at William J. Kovatch, Jr., Attorney at Law, PLLC expect the application process to be much like the Deferred Action for Childhood Arrivals (DACA) program. Before the procedures are adopted, we will be accepting consultation appointments where we will take the information we believe will be necessary to apply for this deferred action and discussing whether you should apply.  We will use that information to fill out the forms, once they are adopted.

Call for an appointment: (703) 837-8832
(571) 551-6069 (ESP)

Deferred Action for Childhood Arrivals (DREAMers)

The procedures for Deferred Action for Childhood Arrivals (DREAMers) who were brought in before age 16 are here. The requirements are:

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Applications are made on Form I-821D, I-765 and I-765WS. The filing fee is $465.

Any applicant should be aware that you are bringing yourself to USCIS's attention. If USCIS decides that you do no qualify, then it is entirely possible that you will be placed in removal proceedings. USCIS promises that only those with criminal issues will be referred to ICE. But, that is only a policy, and can be changed, especially if there is a new administration.

I am happy to assist in completing the application, to enter my appearance with USCIS and to do reasonable follow-up for a fee of $500. If an interview is requested, there would be an additional attorney's fee of $500. If there is a need to respond to a Request for Evidence or a Notice of Intent to Deny, or a desire to file a Motion for Reconsideration, then I would charge my hourly rate of $250.

The procedures can be found at this website:

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

William J. Kovatch, Jr.
(703) 837-8832

Applying for Deferred Action Under the President’s New Policy

On June 15, 2012, President Obama and Homeland Security Secretary Napolitano announced a new policy to permit certain undocumented young people to remain in the United States and apply for work authorization.  No specific procedures have been adopted yet.  However, if you qualify, there are certain things you can do to prepare.

Do I Qualify?

To qualify, you must meet five criteria:

(1) Been brought to the United States while under the age of 16;

(2) Have continuously resided in the United States since June 15, 2007 or before;

(3) Currently be in school, have graduated from a high school, have earned a general equivalency diploma, or be honorably discharged from the Armed Forces or Coast Guard of the United States;

(4) Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or does otherwise poses a threat to national security or public safety; and

(5) Is 30 or younger.

What Benefits Can I Get?

Postponement of removal (deportation)

Employment authorization

Can I Become a US Citizen?

No.  This policy does not lead either to permanent residency or citizenship.  It is only temporary protection from being removed (deported) from the United States.

How Do I Apply?

Since I first published this blog entry, new procedures were adopted.  See my later blog entries for a discussion on the procedures.

I am in Removal (Deportation) Proceedings Now.  What Do I Do?

As long as you are not in detention, you can still apply.

I am Not in Removal (Deportation) Proceedings, But I Think I Qualify.  What Should I Do?

If you are not in removal or deportation proceedings, applications should be made to the U.S. Citizenship and Immigration Service (“USCIS”).  There is already a process for applying for deferred action in general.  That is to apply to the District Director of the USCIS District where you live.  You should put together a letter explaining why you qualify for deferred action, and include supporting documentation.  It is expected that USCIS will adopt similar proceedings for this particular policy.

How Long Will the Benefit Last

Under this policy, you can receive deferred action and work authorization for two years.  Then, you can apply for an extension every two years after that.

Note, however, that this is an exercise of discretion of the Obama Administration.  There is no guarantee that this policy will continue.  Plus, it is an election year.  If a new president is elected, there is no guarantee that he will continue with this policy.