On August 3, 2012, the Department of Homeland Security provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.
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.
Information shared during today’s call includes the following highlights:
- In a change from the prior announcement, people currently in removal proceedings will use the USCIS process when it is implemented on August 15, 2012, rather than go through ICE. Only individuals in detention will go through ICE to make a deferred action request. Requestors will use a form developed for this specific purpose.
- Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox. Total fees including biometrics will be $465.00
- All requestors must provide biometrics and undergo background checks.
- Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances. The four USCIS Service Centers will review requests.
- Information provided as part of the deferred action request process is protected from disclosure to ICE or CBP for purposes of removal proceedings unless the requestor meets the criteria of USCIS' November 2011 NTA memo.
- If a departure from the U.S. was due to removal, voluntary departure, etc., the absence was not brief, casual and innocent and would interupt the continuous residence that is required since June 15, 2007. Short absences before August 15, 2012, reasonably calculated to accomplish the purpose of the trip, would not be interuptive.
- Only people who are currently not in status and were not in any lawful status on June 15, 2012 are eligible
- A "significant misdemeanor" is one for which the individual was sentenced to more than 90 days, or a conviction for domestic violence, sexual abuse, burglary, firearm violation, drug distribution or trafficking (but not possession), or DUI, regardless of the sentence.
- Whether a person has reached age 15, and whether the requestor meets the education requirements, will be determined as of the date the request for deferred action is filed, NOT the June 15, 2012 date.