The United States Citizenship and Immigration Service has provided some updated information on the requirements and procedures governing deferred action and employment authorization for childhood entrants into the United States. Here are the highlights:
· The deferred action request form and instructions will be available on the USCIS website on August 15, 2012.
· The total fees will be $465.
· Applicants who are in removal proceedings, have a final order of removal, or have a voluntary departure order do not have to be 15 years of age or older at the time of filing their application.
· A brief departure from the United States after June 15, 2007 will not interrupt the requirement of having continuous residence in the United States since that date if the absence was “brief, casual, and innocent.” An 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.
· 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 ICE under the criteria set forth in USCSIS’ Notice to Appear guidance at www.uscis.gov/NTA.
· Applicants who are denied deferred action but which do not involve a criminal offense, fraud, or a threat to national security or public safety will not be referred to ICE for purposes of removal proceedings except if DHS determines there are exceptional circumstances.