08/07/2012
The USCIS continues to release new information about Deferred Action for childhood arrivals. The details are not yet finalized. USCIS will start accepting applications on August 15. However, the advantages and disadvantages of deferred action are not yet fully known. Deferred action:
• is generally available only to DREAMers;
• is not a path to legal permanent resident status;
• does require registration with the government; and,
• is good for two years at most, if granted.
If a person qualifies, deferred action can lead to temporary work authorization. Even more importantly, if applied for before a person turns age 18 (and to a lesser degree, age 19), deferred action can prevent the individual from accruing unlawful presence leading to a major problem with normalizing status. This might permit someone who eventually marries a U.S. Citizen to seek US legal permanent resident status through consular processing, without the need for a waiver of a three/ten year bar they may otherwise face. This could prove to be one of deferred action’s more important benefits.
Gokey Immigration Law Office will be conducting a number of low-cost ($20) one-hour webinars on deferred action, discussing deferred action processes and considerations, with updates on the latest news from the USCIS. If you would like be advised of our next deferred action webinar, let us know by mailing [email protected].
The USCIS’s latest information on deferred action can be found at:
http://tinyurl.com/8atzdzh
Immigration law is extremely complicated. You should consult an immigration attorney to understand how it may apply to your particular situation before acting.
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