Deferred action process implemented the president is a kind of prosecutorial discretion, that would shelve the deportation of young undocumented immigrants. But this is not the DREAM Act that would grant a permanent lawful status and the deferred action process grants only a temporary relief, that would last for two years.
The presence of the undocumented immigrant who receives deferred action will be considered lawful but lawful status may not be granted. According to the process, deferred action recipients will also receive renewable federal work permits and they can work legally in the country with those permits.
To receive deferred action, an undocumented immigrant in the United States will have to establish that he meets all the eligibility requirements. Undocumented immigrants between 16 and 31 years of age alone are eligible to request deferred action. Similarly, you will have to be in school or must be a high-school graduate at the time of filing your request.
Moreover, you need to prove that you had resided continuously in the country for the past five years starting from 15 June, 2007 to June 15, 2012 and at the time of filing your petition requesting deferred action. You will have to prove that you had got into the United States legally or illegally before the age of 16. Apart from these requirements, you must not have a criminal history and you may be considered ineligible for deferred action if you are found to have a criminal background.
If you seek to receive deferred action, you need to file three different forms along with the filing fee, $465. You need to remember that you may not file these forms online and you will have to complete these forms and mail the application package to a USCIS lockbox.
You will have to complete and file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and Form I-765WS, Worksheet. You must make sure that the application package that you mail to the USCIS, contains the three required forms, supporting documentation and the filing fees.
If you wish to know when your application is accepted by the USCIS, through a text message or an e-mail, you may complete and file Form G-1145, E-Notification of Application/Petition Acceptance, along with your application package.
Your application will be reviewed and checked for completeness and then the USCIS will send you an application receipt notice. You need to appear for biometrics collection and you need to follow the instructions in the appointment notice sent by the USCIS and must go to the respective Application Support Center.
Deferred action process is likely to benefit around 1.8 million undocumented immigrants nationwide. USCIS Director, Alejandro Mayorkas, said that the USCIS has planned to adjudicate an application within six months from the date of the application but the time taken to process the requests may also depend on the volume of applications.
However, cases of all the applicants may not be adjudicated in the same manner. Though deferred action will not allow the recipients to become citizens, this process is considered to be beneficial to the undocumented immigrants who had been pushing for the DREAM Act.