Filing Tips for Deferred Action

There is a lot of excitement over Deferred Action for Childhood Arrivals. And it is not surprising considering that it means youngsters can continue to live in the land they consider their own.

In all the excitement about getting deferred action, it is very important to make sure that you file your application properly. That you don't end the process even before it begins. To do this you need to keep a few things in mind.

Before we look at the tips, you first need to make sure that you are eligible for the benefit. Make sure you are between 15 and 31 years of age. If you are 31 as on June 15, 2012 you cannot file for deferred action.

1. Deferred action is requested by filing three forms together - I-821D, Consideration of Deferred Action for Childhood Arrivals, I-765, Employment Authorization Document and I-765WS, Worksheet. Remember that you need to establish an economic need for employment. Only then your application for work authorization will be considered.
2. Complete all three applications fully. Do not leave any field blank unless the form requests that it left blank (usually sections that are meant for the USCIS to update while reviewing your forms). For questions that are not applicable to you, or if for any question your answer is 'none', then you can leave the space for the answer blank. Common information that goes into these forms, like name, age, address, should be identical. For example, if on one form you enter your name as Mary E Deer, make sure that's exactly how you enter it on all applications. If you use the initial for your middle name in one form and expand it in another form, your application process can be delayed.
3. Make sure that you follow all the instruction for all three forms. When you have completed the forms, remember to sign them.
4. Check the edition of the forms and make sure you are using the correct edition. Also, don't get confused between I-821 and I-821D. Remember you have to file I-821D.
5. Include the $465 fees and all the supporting documents with your applications. Your applications cannot be e-filed, that is, they cannot be filed online on the government website. You will have to mail your application packet to the correct USCIS Lockbox address, which you can find on the form instructions.
6. Make a copy of all that you send to the USCIS and keep them for your records. Also, remember that you need not send an original document with your application. Photocopies of supporting documents are enough. The USCIS will ask you for the originals if they do require them.

These are very important things that you need to keep in mind. Please go through your application after  you have completed them. In case you made a mistake on any form, USCIS recommends that you start afresh with a new form. Don't worry, the forms are free!

Supporting Documents Required When Filing for Deferred Action

It is clear now that eligible candidates for deferred action need to send completed and signed forms I-821D, I-765 and I-765WS together to the USCIS along with the supporting documents and the $465 fees.

Applicants need to make sure that they are using the current edition of Form I-765. Prior editions will not be accepted by the USCIS. Do not risk your application being rejected just because you used the wrong edition of I-765.

As important as a fully completed and signed application is, the supporting documents that prove your eligibility for consideration of deferred action are also important. They go a long way in establishing your eligibility, in fact I would say, more so than the application itself. So make sure you collect as many of the supporting documents as possible before you complete and send off your application.

Below are the supporting documents that will help make your case. You can submit photocopies of all the documents. USCIS will ask for the original document if they require it. Once your application has been processed, your original documents will be returned to you. (Note: It is best that you voluntarily make sure you remember to collect any original document you submit to the USCIS.)

All the form instructions contain the list of supporting documents that are needed. You can submit as many documents as you can to establish your application's validity.

As proof of your identity, you can provide documents that contain your date of birth, your photo and/or fingerprint and some form of registration with a government agency:

• Birth certificate
• Passport
• Driver's license
• Military ID card with photo
• School ID card with photo
• Employment authorization documents
• ID from your country of birth

To establish that you entered the United States before your 16th birthday you can provide the following documents:

• Passport with a stamp, an I-94 card, travel tickets, or any document signed by an immigration official showing the date you entered the US.
• Medical records from within the country.
• School records that show you were in a US school before your 16th birthday.

To show that you were present in the United States on June 15, 2012, you can provide the following documents:

• Rent receipts
• Utility bills
• School or military records
• Medical records 
• Bank transactions
• Letters that have been postmarked
• Insurance policies
• Passport with an entry on that day
• Agreements or contracts
• Any other document that establishes your presence in the country of June 15, 2012.

As proof of education you can provide:

• GED certificate
• Completion certificate
• Diplomas
• If still in school, transcripts and other records

If you are with the military/coast guard or have been honorable discharged from the military/coast guard::

• Military records
• Form DD-214, Certificate of Release or Discharge from Active Duty
• NGB Form 22, National Guard Report of Separation and Record of Service

If you have ever traveled outside the country between 15 June 2007 and now you will have to provide proof in the form of:

• Entry in a passport
• I-94 cards
• Advance Parole
• Tickets
• Receipts for hotel accommodations

Remember, it is enough to send only photo copies of the documents. Its not necessary to send all the documents mentioned here, but as many as possible.

If you are still not sure, and need a helping hand, your best stop would be here.

USCIS - Request Deferred Action Using Forms I-821D, I-765 and I-765WS

As of August 15, 2012, USCIS has started accepting requests for deferred action. An eligible person can apply to the USCIS requesting deferred action using form I-821D, Consideration of Deferred Action for Childhood Arrivals.This form has to be accompanied by the forms I-765, Application for Work Authorization and I-765WS, Worksheet, to prove your need for employment.

There is no fee for filing I-821D. However, the filing fees and biometric fees for the I-765 is a total of $465. Any I-821D which is not accompanied by the I-765, the I-765WS, the $465 fees and the supporting documents will not be accepted by the USCIS.

All the forms come with instructions on how to complete and file the form. The forms need to be complete in all aspects and should be duly signed by the applicant. Applications that have not been signed will not be accepted. Complete applications have to be sent to a Lockbox facility and the address of the Lockbox  depends on the applicant's state of residence. The address can be found on the I-821D instructions.

It is important to send copies of all documents that support your application showing your eligibility to file for deferred action.

Once the USCIS accepts your application as complete and ready to be processed, they will send you an application receipt notice. You will also receive a notice with an appointment for biometric services. You need to ensure that you do not miss your biometric services appointment, else it could considerably delay the application process.

A background check will be conducted for all applicants and each application will be considered by the USCIS on a case by case basis. You may be requested to provide more information or to appear at a USCIS office. The outcome of your application will be notified to you in writing.

Allow Immigration Direct to help you prepare error free applications!

Deferred Action - What is It All About?

What does deferred action mean?

Deferred action is the prosecutorial discretion that is to be used by DHS to de-prioritize the deportation of certain undocumented immigrants. What it means is, undocumented immigrants who are in the US, whether  they are in removal proceedings, or have received deportation orders or even if they have never encountered any immigration official, can request deferred action on deportation. However, they need to meet certain eligibility requirements before they can make an application with the USCIS.

What are these eligibility requirements?

The USCIS lists the eligibility requirements as follows:

1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Are not above the age of thirty.

Secretary of Homeland Security, Janet Napolitano made this announcement on June 15, 2012. So when you look at eligibility requirement #2, it means you should have continuously resided in the US from June 15, 2007. Short trips abroad may be excused.

Similarly, applicants should not be above the age of 30 as on June 15, 2012.

What application to file to request deferred action?

USCIS has not yet announced the form that will be used to file for deferred action. However, it most likely can be the I-821D.

What happens after the application is filed?

USCIS will decide on a case-by-case basis whether the applicant is eligible for deferred action or not. If an applicant is found to be eligible he or she will be granted deferred action for 2 years and this may be renewed. Also, the applicant can apply for a work permit.

Can a person who is granted deferred action apply for a green card?

No. Deferred action is not a path to permanent residency or US citizenship.

Word of Caution

Please DO NOT send any request for deferred action before August 15, 2012. All such requests will be rejected.  

When it is time to file, do check that you have the right form and the right edition of the form. The current I-765, Application for Employment Authorization will not be accepted. USCIS will be releasing a new edition for use by applicants for deferred action.