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Press Statement | DHS Offers Additional Guidelines on Deferred Action

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For Immediate Release

August 3, 2012

Contact:

Morna Ha, mha@nakasec.org, 202.299.9540
Sik Son, sik@chicagokrcc.org
, 773.588.9158
Dae Joong Yoon, djyoon@krcla.org, 323.937.3718

DHS Offers Additional Guidelines on Deferred Action

Today the Department of Homeland Security provided additional information regarding Deferred Action for undocumented young people. Announced on June 15, 2012, certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive relief from deportation and will be eligible to work. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals. USCIS expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.

More detailed information on the eligibility and the deferred action process can be found at www.uscis.gov/childhoodarrivals.  Below are some of the highlights of the most recent updates:

Eligibility:
  • You must have entered the country before June 15, 2012 or your lawful immigration status (e.g. a visa) expired as of June 15, 2012.
  • You must be currently in school. Have graduated or obtained a certificate of completion from high school, have obtained a GED, or are honorably discharged from the Coast Guard or Armed Forces. Individuals can enroll in school and complete their GED after June 15, 2012 prior to applying.
  • You must have continuously lived in the US since June 15, 2007 up to the present time. Brief absences may not break the continuous residence requirements. Travel may be authorized through applying for advance parole upon approval of deferred action.
  • Other eligibility requirements include proving that you: were under the age of 31 as of June 15, 2012; came to the US before reaching your 16th birthday; were physically present in the US on June 15, 2012 and at the time of making your request for consideration for deferred action; and 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.
Application Process:
  • There will be a separate form to apply for deferred action, however the form is NOT available yet. It will be made available online on August 15.
  • Individuals will mail the deferred action request forms, supporting evidence to prove their eligibility, and the fee to a USCIS processing center.  All individuals will undergo background checks and biometrics processing. The status of their application can be followed online.
  • Generally there will not be an interview process but under certain circumstances one may be requested by USCIS.
  • Fees:  The total fee is $465 which includes the work authorization application and the biometrics fees.   There are no fee waivers.  However very limited exemptions will be made for certain individuals and the request for exemption must be filed prior to sending in your deferred action application.

 

Denial of Applications:

  • If an application is denied, USCIS has announced that neither the individual nor their family members will be referred to ICE for the purpose of deportation proceedings unless there are concerns with criminal offenses, fraud, or a threat to national security or public safety or under exceptional circumstances. This policy, however, can be changed at any given time and is not a right or benefit given to the individual
  • It is important to remember that if you have a criminal record, you must speak with an immigration attorney prior to applying for deferred action.

As more information becomes available NAKASEC and its affiliates the Korean Resource Center in Los Angeles and the

Korean American Resource and Cultural Center in Chicago will continue to provide up to date information on the application process.  The organizations are also in the process of setting up community education workshops and screenings.  To receive more information, individuals can sign up for our listserv at nakasec.org/blog/2982.

 

 

 

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The National Korean American Service & Education Consortium (NAKASEC) was founded in 1994 by local community centers to project a national progressive voice and promote the full participation of Korean Americans as a part of a greater goal of building a national movement for social change. NAKASEC is based D.C. and Los Angeles. NAKASEC also has affiliates in Chicago (Korean American Resource & Cultural Center) and Los Angeles (Korean Resource Center).

 

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