How to File for Deferred Action, the New Immigration Law Providing Work Permits to Many Undocumented

[Everett Barnhill]

Approximately 1,000,000 youthful undocumented immigrants are thirsting for each drop of information they can find regarding the greatest and most up to date immigration law to help the undocumented community since 2001.

It's called Deferred Action.

While not with perfect timing, the tardy U.S. Citizenship and Immigration Service ("USCIS") issued a written statement and led a telephonic gathering with stakeholders on August 3, 2012, outlining the filing methods. This was originally booked for release on August first, but who is counting?

The USCIS is ramping up for an avalanche of applications that can begin to be submitted on August 15, 2012. Processing these applications will be a herculean task.

I'm mitigated that USCIS is moving forward on the program and providing genuinely necessary information to the anxiously-waiting undocumented community, This is a critical advance forward in instilling trust in the program.

The new information given by USCIS includes the following:

• Filing charge for conceded action and work permits will be $465, which is intended to sponsor the expenses of administering the program, which could be utilized by 800,000 applicants, without increasing the fiscal weight on taxpayers. Charge waivers won't be accepted.

• The structure used to demand conceded action, along with additional information and guidelines, will be available on August 15, 2012 and can be downloaded around then from the USCIS website.

• Applicants can begin filing for conceded action and work permits on August 15, 2012, not earlier.

• Information obtained by USCIS during the Deferred Action filing cycle won't be utilized for immigration requirement, except if a criminal, fraud, or national security issue is involved.

• Applicants will be needed to submit biometrics and go through background checks.

• Conviction for driving without a driver's permit won't be a disqualifying offense.

• Applicants will mail their Deferred Action application along with a work permit application to a USCIS Lockbox. Four USCIS Service Centers will be answerable for adjudicating the applications.

• It is anticipated that it will take several months to adjudicate the applications.

This is a good opportunity for undocumented immigrants who qualify, but everybody should be cautious about relying on bad advice, particularly from alleged "notaries" who are not authorized to practice immigration law.

I'm profoundly worried about immigrants falling prey to deceitful service suppliers who give misleading or false information on conceded action. I have practiced immigration law for 18 years, and I realize how complicated this field is. In any event, something that appears basic on its face can transform into an immigration nightmare.

Bad advice can hurt.

We've seen this many occasions before when immigration law has changed and immigrants, desperate for legal status, are vulnerable to exhaust promises by certain agents, attorneys or notaries. Complicated fact scenarios and rapidly developing law make can create risk.

Predatory service suppliers can only make it more terrible.

The individuals who work with undocumented immigrants, like immigration lawyers and immigrant rights activists, are worried that some unethical individuals will go after the undocumented immigrant community with misleading information about the new immigration law.

In the recent guidance issued by USCIS, the public authority continues to caution against the unauthorized practice of immigration law who may attempt to take advantage of immigrants by charging an expense to submit structures to USCIS. Visit USCIS website for tips on filing structures, reporting scams and finding accredited legal services. Keep in mind, the Wrong Help Can Hurt! An informational pamphlet and flyer are also available at USCIS website.

To further assistance educate the immigrant community on applying for the new conceded action program, which will give the opportunity to obtain alleviation from removal and a 2-year work permit, I and other immigration lawyers are conducting workshops in various parts around the country.

Qualified individuals for the new Deferred Action program, as outlined in Napolitano's update, "Conceded Action Process for Young People Who Are Low Enforcement Priorities," are the individuals who:

• Came to the United States younger than sixteen;

• Have continuously lived in the United States for at least five years preceding June 15, 2012, and are available in the United States on June 15, 2012;

• Are right now in school, have graduated from secondary school, have obtained a general education advancement certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

• Have not been sentenced for a crime offense, a significant misdemeanor offense, various misdemeanor offenses, or otherwise represent a threat to national security or public safety; and

• Are not above the age of thirty as of June 15, 2012.

The individuals who have final deportation or removal arranges, or are in removal proceedings, or who have never been recognized by the public authority, are qualified to apply based on the above criteria.

The individuals who demonstrate through verifiable documentation that they meet these criteria may be granted conceded action/prosecutorial discretion, which will give them immunity from deportation for 2 years and the ability to apply for work authorization with no renewal limits.

While many immigrants are eager to apply for Deferred Action help, USCIS has alerted qualified individuals NOT to submit a conceded action demand under the Deferred Action Process for Young People memorandum at this time. As stated by USCIS, "if you submit now, your application will be dismissed."

Conceded action lawyers like me are already getting a great deal of calls from people looking for answers to their inquiries concerning the new immigration rule. People ask whether they are qualified for conceded action, where do they apply, when can they apply, and what documentation they should apply?

I'm informing individuals to become informed, search for updates on the conceded action program, and to utilize this time wisely by collecting documentation of their eligibility, for example, school records, medical records, affidavits, photographs, letters of good moral character, and other information that can help demonstrate that they meet the prerequisites relating to season of passage to the U.S., length of residency in the U.S., education or military service necessities, age necessities, and good moral character necessities relating to any criminal conviction history or security issues.

As a national authority on the economic contributions of immigrants to America, I am encouraged by President Obama's transition to grant conceded action and backing immigrant talent. It will make our country more competitive in the global economy. Youngsters with Deferred Action status will actually want to attend school and work upon graduation. Granting conceded action will allow these youngsters to satisfy their fullest potential and contribute to the economic development of our country. Conceded action will have important economic benefits. According to a recent UCLA study, understudies that would be impacted by conceded action could add between $1.4 to $3.6 trillion in taxable income to our economy throughout the span of their careers, depending on the number of ultimately gain legal status. This income is substantially higher than the income they would earn if they were unable to attend and finish an advanced degree. In fact, research indicates that the average college alumni earned nearly 60% in excess of a secondary school graduate. We have a lot to gain from doing right by these youngsters.

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