Saturday 29 June 2013

What To Know About Deferred Action

By Jeanette Riggs


Deferred action is used in the United States of America. Homeland Security allows certain individuals who came to America as young children and meet certain guidelines to utilize deferred action for up to two years. This is a determination that defers removal action for people as a part of prosecutorial discretion. This does not, however, automatically provide a person with legal status.

A key priority for DHS is to regulate non-citizens and immigrants who are thought to pose a threat to the safety of the general population and overall national security. This often includes removal of immigrants who are felons, convicted of major crimes or repeated offenders of immigration laws. These people are usually on the very top of the list for removal.

People who demonstrate certain criteria are eligible for an alternative to deportation. These situations are determined on a case-by-case basis, but there are some general guidelines individuals must meet in order to qualify. Those who can prove through documentation that they meet the criteria are eligible to received deferred action.

One major guideline is that the person must have originally come to the United States when he or she was under the age of sixteen. Likewise, they must be below the age of thirty when they apply. Applicants must also have lived in America continuously for a minimum of five years. They must have a high school diploma or other education certificate, or currently be enrolled in school or discharged from the military. It is also important that their crime record is clean, which is to say no convictions of felony or misdemeanor offenses. They must not be considered a threat to national security or public safety.

Not all eligible requests are approved. Each case is handled differently. The use of this discretion by DHS does not grant immigration status, pathway to citizenship or substantive right. Only Congress, by way of its legislative authority, can issue these rights to individuals.

Renewal can be requested and approved once the two-year action period has been completed. Furthermore, employment authorization may be a feasible option. The overall intent of deferred action is to give, law-abiding, productive individuals who are not citizens the opportunity to learn and work in the US.

There are several forms and fees that must be handled in order to apply. In some cases, DHS may request more evidence and information from an applicant, or request his or her make an appearance at a USCIS office. In these cases, individuals will always be notified in writing regarding any extra steps that must be taken.

Immigrants living in America may be issued deferred action. This is regulated by the DHS, which is also in charge of removing non-citizens who threaten public and national safety. There are numerous guidelines that must be filled to qualify for this determination that lasts for two years. While this is a way for individuals to work and learn in America, it is not a pathway to citizenship, substantive right or change to immigration status.




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