Deferred Action (Part 2 Guidelines)

How do you show you met the guidelines? DHS will make determination on a case-by-case basis. Individuals will need to show they meet all the guidelines through verifiable documentations.

Guidelines you must meet for deferred action:

1. Under the age of 31 as of June 15, 2012
You also must be at least 15 (if you have never been in removal proceedings, or if you were in proceedings, that has been terminated before your application for deferred action). This doesn’t apply if you are in removal proceedings, meaning you can be under 15 in that situation.

2. Came to the United States before reaching your 16th birthday;
This can be: passport with admission stamp, Form I-94/I-95/I-94W, school records from the U.S. schools you have attended, any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear), travel records, hospital or medical records.

3. Have continuously resided in the United States since June 15, 2007, up to the present time;
This is the “travel” requirement. Travel on or after June 15, 2007, and before Aug. 15, 2012 can be considered brief, casual and innocent absence, and will not interrupt the continuous residence requirement if: the absence was short and reasonably calculated to accomplish the purpose for the absence, the absence was not because of an order of exclusion, deportation or removal; the absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation or removal proceedings; and the purpose of the absence and/or your actions while outside the United States were not contrary to law. However, after Aug. 15, 2012, if you travel outside of the United States before USCIS has determined whether to defer action in your case, you will not be considered for deferred action under this process. If USCIS defers action in your case, you will be permitted to travel outside of the United States only if you apply for and receive advance parole from USCIS (advance parole requests will be considered on a case-by-case basis).

Evidence of your continuous residence may include: rent receipts or utility bills, employment records (pay stubs, W-2 Forms, etc.), school records (letters, report cards), military records, official records from a religious entity confirming participation in a religious ceremony, copies of money order receipts for money sent in or out of the country, passport entries, birth certificates of children born in the U.S,. dated bank transactions, social Security card, automobile license receipts or registration, deeds, mortgages, rental agreement contracts, tax receipts, insurance policies. You don’t have to show ALL of these, and there are other evidence you may use as well.

USCIS recommends that you submit documentation that shows you have been living in the United States from June 15, 2007 up until the time of your request, meaning documents showing you were living in the U.S. for each year of that period. Gaps in documentation may raise doubt to the continued residence requirement.

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;
You will need documentation to show that you were present in the U.S. on June 15, 2012, and the date you file your application.

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

To be considered “currently in school”, you must be enrolled in school (or a GED program) on the date you submit a request for consideration of deferred action under this process. If you are in a private program, USCIS has its own set of guidelines to determine if this qualifies under the guideline. You can show evidence you are currently in school may be: acceptance letters, school registration cards, letters from school or program, transcripts, report cards, or progress reports showing the name of the school or program, date of enrollment, and current educational or grade level, if relevant. You can show evidence that you have graduated from high school with a high school diploma, GED certificate, certificate of completion, certificate of attendance, or evidence you have passed a GED exam. In certain circumstances, you can also make the education qualification if you are enrolled in a literacy or career training program. If you are enrolled in an ESL program, you may meet the guidelines only if you are enrolled in an ESL program as a prerequisite for your placement in postsecondary education, job training, or employment and where you are working toward such placement. For educational guidelines, you must provide direct documentary evidence, not circumstantial evidence (meaning you will need concrete paper evidence).

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.

This part is more complicated than I can cover for purposes of this blog. If you do have an issue with meeting this part, you should consult an attorney first.

I am an attorney, please visit my website at www.lincharlotte.com. This blog post is not intended as legal advice. As I have explained in Part 1, all of this information can be found from the USCIS website.