EVENTS
13899 Biscayne Boulevard, Senator Building - Suite 415, North Miami Beach, FL 33181 Phone: 305 771-2529 Fax: 786 581-7675
Copyright © 2012 Daniel Lenghea, P.A.
DANIEL LENGHEA, P.A.
IMMIGRATION ATTORNEYS
Miami, Fort Lauderdale, Hollywood, West Palm
Beach, North Miami, Hallandale, Plantation, Boynton
Beach, Pompano, Delray, Coral Gables, Davie,
Weston, Coral Springs, Boca Raton, Miami Beach,
Key West, Pembroke Pines, Miami-Dade, Broward,
DANIEL LENGHEA, P.A.
Consideration of Deferred Action for Childhood Arrivals Process

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the
United States as children and meet several key guidelines may request consideration of deferred action
for a period of two years, subject to renewal, and would then be eligible for work authorization.

Only individuals who can prove through verifiable documentation that they meet these guidelines will be
considered for deferred action. Determinations will be made on a case-by-case basis under the
guidelines set forth in the Secretary of Homeland Security’s memorandum.

How do I know if I may request consideration of deferred action for childhood arrivals?

You may request consideration of deferred action for childhood arrivals if you:
1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
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;
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
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.

How do I request consideration of deferred action for childhood arrivals?

You must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This form must be
completed, properly signed and accompanied by a Form I-765, Application for Employment Authorization,
and a Form I-765WS, Form I-765 Worksheet. Failure to submit a completed Form I-765 (along with the
accompanying filing fees for that form), will preclude consideration for deferred action. While there is no
filing fee for Form I-821D, you must submit the $380 filing fee for Form I-765, which includes the Form I-
765WS, and a biometric services fee of $85 required for the Application for Employment Authorization for a
total of $465. Please read the form instructions to ensure that you submit all the required documentation
to support your request. Please be advised that incorrect and/or incomplete forms may put you at jeopardy
of losing important rights and/or benefits under immigration law. Seeking professional assistance in this
instance despite not being required is important and you should consult with an attorney that can explain
how the law applies to your specific circumstance. Please click start the process or contact us for a free
initial consultation to determine if you qualify and further information

Whether you decide to use our services, another attorney, or you file the application yourself, please note
that after USCIS receives your file you will receive a receipt confirming that your request is properly filed,
you will be sent an appointment notice to visit an Application Support Center (ASC) for biometric services.
Please make sure you read and follow the directions in the notice. Failure to attend your biometrics
appointment may delay processing of your request for consideration of deferred action, or may result in a
denial of your request. If you elect us to be your attorneys please inform us as soon as possible of any
communications with respect to your application so we can take appropriate action.

Where do I file my request for consideration of deferred action for childhood Arrivals?

If you elect to use our services we will process your information, fill the appropriate forms, and organize
supporting documents, evidence and additional statements, we will also file our Notice of Appearance as
Attorney (Form G28) so we can follow the path of your file and communicate if needed with USCIS.

Requests of consideration of deferred action for childhood arrivals will be filed by mail to the USCIS
Lockbox. If you do not elect to use our services please visit the USCIS website at www.uscis.gov or
contact the USCIS National Customer Service Center at 1-800-375-5283 for the most current information
and instructions on where to file your request.

What evidence should I submit with my request for consideration of deferred action for childhood
arrivals?

Obviously if we are to represent you in filing for deferred action we will not only indicate on the case by
case basis what is the required evidence and determine the proper strategy for your case. Nevertheless,
if you decide to file on your own you have to provide certain evidence, including supporting documents,
that you file with your request for deferred action should show that you meet the guidelines outlined in the
section above entitled “How do I know if I may request consideration of deferred action for childhood
arrivals?”. This includes evidence that you:

1. Were born after June 15, 1981;
2. Arrived in the United States before the age of 16;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were present in the United States on June 15, 2012;
5. Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June
15, 2012;
6. Are currently in school, graduated or received a certificate of completion from high school, obtained a
general educational development certificate (GED), or that you are an honorably discharged veteran of the
Coast Guard or U.S. Armed Forces; and
7. Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your
case was terminated before your request.

For information about specific documents that may satisfy these guidelines, please read the instructions
to Form I-821D at www.uscis.gov/ and the frequently asked questions at www.uscis.gov

Does this process apply to me if I am currently in removal proceedings, have a final removal order, or
have a voluntary departure order?

This process is open to any individual who can demonstrate he or she meets the guidelines for
consideration, including those who have never been in removal proceedings as well as those in removal
proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration
detention). If you are not in immigration detention and want to affirmatively request consideration of
deferred action for childhood arrivals you must submit your request to USCIS. You do not need to be 15
years of age or older at the time of filing if you are in removal proceedings, have a final removal order, or
have a voluntary departure order. All cases will be considered on an individual basis.
Submit a copy of the removal order or any document issued by the immigration judge or the final decision
from the Board of Immigration Appeals (BIA), if available. If you have not been in removal proceedings,
this does not apply to you.

Do brief departures interrupt the requirement of having continuous residence in the United States
since June 15, 2007?

In this instance you should seek the counsel of an experienced attorney as the Immigration law has strict
standards with respect to continuity. As a general rule USCIS regards a brief, casual, and innocent
absence from the United States will not interrupt your continuous residence. However, there is significant
caselaw with resepct to what brief, casual, innocent is with respect to trips and whether your situation
qualifies under the law is in itself a question that can be clarified by a competent attorney. If you were
absent from the United States for any period of time, your absence will be considered brief, casual, and
innocent, if it was before August 15, 2012, and:

1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
2. The absence was not because of an order of exclusion, deportation, or removal;
3. 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
4. The purpose of the absence and/or your actions while outside the United States were not contrary to
law. (There is ample caselaw with respect to interruption of time and continuous presence)

For information about specific documents that may show your absence was brief, casual, and innocent,
please read the instructions at www.uscis.gov/I-821D and the frequently asked questions at www.uscis.
gov/childhoodarrivals.

Will USCIS conduct a background check when reviewing my request for consideration of deferred
action for childhood arrivals?

Yes. You must undergo biographic and biometric background checks before USCIS will exercise
prosecutorial discretion under the consideration of deferred action for childhood arrivals process. If you
have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor
offenses not occurring on the same date and not arising out of the same act, omission, or scheme of
misconduct, or otherwise pose a threat to national security or public safety, you will not be considered for
deferred action for childhood arrivals except in exceptional circumstances. If you hire our services we
could determine if your situation bars you from qualifying under the law. There are also limited situations
where we could reopen old criminal cases, or request certain waivers under specific terms situations
which we do not advise to be attempted without the assistance of an attorney as serious criminal charges
could be refiled and new sanctions including imprisonment could be imposed.

What happens after I submit my request for consideration of deferred action for childhood arrivals?

After your file has been received, USCIS will review it for completeness, including submission of the
required fees, initial evidence and supporting documents. If it is determined that the request is complete,
USCIS will send you a receipt notice. USCIS will then send you a notice scheduling you to visit an
Application Support Center for biometric services. We will be notified electronically when USCIS receives
your file. You may choose to receive an e-mail and/or text message notifying you that your form has been
accepted by completing a Form G-1145, E-Notification of Application/Petition Acceptance. Please see
www.uscis.gov for E-notification instructions.
Each request for consideration of deferred action for childhood arrivals will be reviewed on an individual,
case-by-case basis. You will be notified of USCIS’s determination in writing. USCIS may request more
information or evidence, or may request that you appear at a USCIS office. There is no appeal or motion to
reopen/reconsider the denial of a request for consideration of deferred action of childhood arrivals.

Can I extend the period for which removal action will be deferred in my case?

Yes. Unless terminated, individuals whose case is deferred pursuant to the consideration of deferred
action for childhood arrivals process will not be placed into removal proceedings or removed from the
United States for a period of two years. You may request consideration for an extension of that period of
deferred action. You must also request an extension of your employment authorization at that time. Your
request for an extension will be considered on a case-by-case basis.

If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?
If your request for consideration of deferred action for childhood arrivals is denied, USCIS will apply its
policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and
the issuance of Notices to Appear (NTA). If your case does not involve a criminal offense, fraud, or a threat
to national security or public safety, your case will not be referred to ICE for purposes of removal
proceedings except in exceptional circumstances. For more detailed information on the applicable NTA
policy visit www.uscis.gov/NTA.

Does this process result in lawful status for persons who receive deferred action for childhood
arrivals?

No. Deferring action is only a discretionary determination to defer removal action as an act of
prosecutorial discretion and does not provide you with a lawful status. However, you will receive a Work
Authorization Permit if your petition will be approved which would be good for 2 years. In addition, you will
be entitled to pay taxes, social security, and can obtain a driver license. Also, legislation that is currently in
debate may offer benefits in the future (which are not available now) for individuals that have obtained
favorable deferred action status.

What protections from disclosure are in place to protect information I share in my request for
consideration of deferred action for childhood arrivals from being used for immigration enforcement
purposes?

Information provided in this request is protected from disclosure to U.S. Immigration and Customs
Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration
enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear
or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice
to Appear guidance at www.uscis.gov/NTA. Individuals whose cases are deferred pursuant to the
consideration of deferred action for childhood arrivals process will not be referred to ICE. The information
may be shared with national security and law enforcement agencies, including ICE and CBP, for
purposes other than removal, including for assistance in the consideration of deferred action for
childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the
investigation or prosecution of a criminal offense. The above information sharing clause covers family
members and guardians, in addition to the requestor.
This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended
to, does not, and may not be relied upon to create any right or benefit, substantive or procedural,
enforceable at law by any party in any administrative, civil, or criminal matter.