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New Details Come out on Deferred Action for Students
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Posted On: August 3, 2012
CIS held a call today to confirm developments on the latest deferred action process for Students who qualify for President Obama’s new policy direction. The Immigration Policy Center noted some important points of the call:

  • A new form will be available on August 15. All DACA requests will require payment of the standard $85 biometric fee, but no additional fee will be charged. Persons who wish to receive work authorization must pay, with limited exemptions, the current employment authorization document fee of $365.
  • Information provided on the form will be kept confidential, including information relating to applicants’ family members or legal guardians, meaning it will not be used for immigration enforcement proceedings, unless the applicant meets current USCIS criteria for referral to Immigration and Customs Enforcement or issuance of a Notice to Appear (NTA) in immigration court.
  • DHS will deem “significant” any misdemeanor, regardless of the sentence imposed, involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, or drug distribution or trafficking. In addition, DHS will deem significant any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to immigration detention.  Minor traffic offenses and convictions for immigration-related offenses classified as felonies or misdemeanors by state laws (e.g. Arizona SB 1070) will not be considered

My two cents . . . Remember, CIS is still not taking applications for this so don’t send anything in now. Remember to consult a competent immigration lawyer about the pros and cons of exposing yourself to CIS just for a two year work permit before you decide to file anything. There may be other options that can lead to permanent residency that are more viable or suitable to you. Currently, deferred action only stays removal so is most likely to benefit those in removal proceedings who may qualify and deferred action does not lead to a green card. Deferred Action status and its application and associated programs can end/be lifted at any time by an incoming President. Please be careful and watch out for scammers!  

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Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit


Nixen Paul October 15, 2012 at 7:03 am

Thanks for sharing this blog.It will helpful for those who qualify for Deferred Action and want to apply.

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