YOU filed on or after August 15, 2012, your From I-821D, consideration of Deferred Action for Childhood Arrivals (DACA) with Form I-765, Application for Employment Authorization, and Form I-765 WS (Worksheet) with the $465 filing fee, two photos, and supporting documents: at the Phoenix Lockbox (USCIS, P.O BOX 20700, Phoenix, AZ 85036-00700), or by courier at USCIS ATTN: DACA, 1820 E. Skyharbor Circle S, Suite 100, Phoenix, AZ 85037.
For California requestors/applicants, the deferred action request is forwarded to the California Service Center (CSC) for adjudication. The CSC may: grant deferred action and employment authorization if economic necessity is shown in Form I-765WS; (2) deny the request and deny employment authorization; (3) send Request For Evidence (RFE) for information and/or documents; or (4) refer the request to the district/field office for interview of the requestor.
The California Service Center, after receipt of requested information and/or documents, as well as after interview by an Immigration Service Officer (ISO), as the case may be, may grant or deny the request for deferred action.
Effects of grant of deferred action
The USCIS, through the Service Center, will review your request to determine whether the exercise of prosecutorial discretion is appropriate on a case-by-case basis.
If USCIS decides to defer action in your case, your removal from the United States shall be deferred for two (2) years, subject to renewal, and you would be eligible for work authorization upon showing of economic necessity for employment.
The grant of deferred action may result in issuance of a Social Security card by the Social Security Administration and driver’s license by the Department of Motor and Vehicles.
But deferred action does not confer any lawful status nor does not excuse nor condone past and future unlawful presence (without being admitted or paroled, or overstaying) in the United States. It is not a pathway to lawful permanent status nor citizenship.
A requestor who do not meet the guidelines announced by the Secretary of Homeland Security in her June 15, 2012 memorandum may on a case-by-case basis still request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice.
If you are granted deferred action and want to travel outside of the United States, you must apply for advance parole by filing Form I-131, Application for Travel Document, with $360 filing fee, for travel for humanitarian, educational, or employment purposes.
If your case if deferred, you will not be deferred to ICE for removal by issuance of a Notice To Appear.
Effects of denial of deferred action
In its discretionary exercise of prosecutorial discretion, USCIS may deny deferred action in your case, even if you meet the guidelines. And USCIS will apply its policy guidance governing the referral of cases to ICE and issuance of Notice to Appear. Visit www.uscis.gov/NTA.
But 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 removal proceedings, except when USCIS determines that there are exceptional circumstances.
If your case is referred to ICE for immigration enforcement or you receive an NTA, information related to your family member or guardian contained in your request will not be referred to ICE for immigration enforcement purposes against your family members or guardians.
You cannot appeal a denial determination by USCIS, nor can you file a motion to reopen or reconsider, unless the denial can be reviewed under the Service Request Management Tool (SRMT) process because of the following errors: (1) if the denial is based on abandonment and you claim that you responded to a Request for Evidence on time; or (2) the Request for Evidence was mailed by USCIS to a wrong address, although you submitted a Form AR-11, Change of Address, or changed your address online at www.uscis.gov before issuance of the Request for Evidence.
There is no deadline for filing your request for deferred action and you can refile your request, after a denial determination.
If USCIS denies your case deferred action, and you are currently in removal proceedings, have a final order of removal, or have a voluntary departure order, you can request ICE to consider exercise of prosecutorial discretion under ICE June 2011 Prosecutorial Discretion Memoranda.
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Roman P. Mosqueda has practiced criminal defense and Immigration law for over 20 years. He is a long-time member of the California Public Defenders Association. , and trained as a prosecutor with the Los Angeles City Attorney under the Trial Advocacy Program of the Los Angeles County Bar Association. He is also a volunteer, State-Bar trained arbitrator on attorney’s fees dispute resolution. Send comments or inquiries to [email protected] , or call (213) 252-9481 for free consultation appointment, or visit his website at www.mosquedalaw.com
