Deferred Action for Childhood Arrivals

Our Chicago immigration lawyers reported that the Department of Homeland Security stated that certain young people who were brought to the United States through no fault of their own as young children and meet several key criteria will no longer be removed from the country or entered into removal proceedings.

Our Deferred Action immigration lawyers warn that granting such application is based on an exercise of prosecutorial discretion,which provides no guarantees of renewal, and no path to citizenship. Even if an applicant meets all the requirements, there is no guarantee that the applicant will be granted Deferred Action because it is based on discretion. In case of denial, there is only supervisory review, and no appellate rights or other safeguards. Even if the Deferred Action is granted, this grant may be withdrawn or not renewed at any time. In addition, as a result of the application, immigration and Customs Enforcement will have all the information necessary to initiate removal proceedings against the applicant if the policy is changed.

Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal. Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action.

Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a continuous period of not less than 5 years immediately preceding June 15, 2012. The use of prosecutorial discretion confers no substantive right or pathway to citizenship.

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.

The filing fee is $465.00. This fee can be waived in certain poverty cases. Individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish.

If you have any questions or need assistance with a possible deferred action, contact the Chicago immigration attorneys of Zneimer & Zneimer P.C. for a consultation at 773-516-4100 or via the web.