Affirmative Applications for Deferred Action

Kelli Allen

USCIS has announced that it will begin accepting affirmative applications for deferred action on August 15, 2012. Officials plan to provide more detailed information about the requirements, application fee, and application procedures on August 1, 2012.

Individuals who believe they may qualify should begin assembling documents proving their date of entry, age on the date of entry, presence in the U.S. since June 15, 2007, presence in the U.S. on June 15, 2012, and enrollment in or graduation from school or GED program. There are still many unanswered questions regarding specific criminal convictions that will disqualify an applicant for deferred action.

Be aware that this is not merely a registration process. Deferred action is a discretionary benefit. Even if you meet each of the basic eligibility requirements, USCIS will deny the application if they believe you are a threat to national security or public safety. In many instances, it will be necessary to submit character evidence to offset potentially negative factors. Additionally, employment authorization is not automatic. Each applicant must prove economic necessity.

Kelli Y Allen Immigration Law will begin offering free telephone screenings for individuals who believe they may be eligible for this program. Please call our office at 704-944-3570 to schedule an appointment.

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