USCIS: “Deferred Action” and “Provisional Waivers” public information

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Prosecutorial Discretion for Certain Young People 

As of June 15, 2012, certain young people brought to the United States as children are eligible to request deferred action. U.S. Citizenship and Immigration Services (USCIS) is developing a process for these young people to request deferred action and will implement the process within 60 days.

DO NOT REQUEST DEFERRED ACTION YET!

USCIS is not yet accepting requests for deferred action through this process

Until USCIS announces how to request deferred action…

DO:

  • Visit www.uscis.gov to learn more about the announcement, eligibility criteria and to find the latest updates.
  • Contact USCIS for more information at 1-800-375-5283.
  • Contact ICE at 1-888-351-4024 if you are currently in removal proceedings and meet the criteria explained below.
  • Visit www.uscis.gov/avoidscams to learn more about how you can avoid becoming a victim of an immigration service scam.

The Wrong Help Can Hurt!

DO NOT:

  • Pay anyone who claims they can request deferred action on your behalf or apply for employment authorization through this new process before USCIS announces an implementation date.
  • Send an application seeking work authorization related to this process.

Secretary of Homeland Security Janet Napolitano issued a memorandum setting forth criteria that make certain individuals eligible for an exercise of prosecutorial discretion to prevent them from being placed into removal proceedings or removed from the United States.  To be considered on an individualized basis for deferred action under this process, an individual must:

  • Have come to the United States under the age of sixteen;
  • Have continuously resided in the United States for at least five years preceding June 15, 2012 and have been physically present in the United States on June 15, 2012;
  • Currently be in school, have graduated from high school, have obtained a general education development certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
  • Not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  • Not be above the age of thirty.

For additional information regarding this new process for certain young people, please call our offices.

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