Deferred action how long

The Department of Homeland Security can halt or renew the deferred action program at any time. For now, it has been authorized for two years. If you meet the guidelines above, you may request deferred action for two years.

You may also be eligible to work in the United States. Deferred Action will not provide you with a path to citizenship or legal status in the United States. We strongly recommend that you speak with a licensed attorney or accredited representative who can help you to decide if you are eligible and if you should apply based on your situation. Q: Who can help me decide if deferred action is right for me?

Today, immigration officials commonly grant deferred action in individual cases, often for humanitarian purposes, and occasionally they apply deferred action to provide discretionary relief from deportation to individuals falling under specific categories.

However, an unauthorized immigrant can also apply for this relief by submitting a written request to USCIS disclosing why he or she is seeking deferred action, together with other supporting documentation, proof of identity, and other evidence. Ad hoc deferred action is most commonly granted for humanitarian reasons, such as when undocumented parents are permitted to remain in the United States to care for their sick U.

For example, ad hoc deferred action has been granted to a Guatemalan parent with a U. Another example is a year-old girl who was the sole survivor of a devastating car accident that killed her parents, older sister, and uncle. The dataset covered cases in which a request for deferred action was considered.

In of these cases, deferred action was granted, typically where the recipient of relief meets at least one of the following five conditions: 1 supports a U. Citizen USC dependent, 2 has maintained presence in the United States since childhood, 3 serves as primary caregiver of an individual who suffers from a serious mental or physical illness, 4 has maintained presence in the United States for several years, and 5 suffers from a serious mental or medical care condition.

The results are summarized in Graph 1 below. Source : Wadhia, Shoba Sivaprasad. The Pennsylvania State University, Social Science Research Network. ICE and its predecessor INS have also broadly applied prosecutorial discretion to provide discretionary relief from removal targeted towards to particular groups of unauthorized immigrants.

These broad-based grants of relief include tools such as parole, temporary protected status, deferred enforced departure, and extended voluntary departure. The page includes exclusive content and tools that will help you as a legal practitioner. Interested in learning more about affiliation?

Read through our frequently asked questions to get started. Catholic Identity Other Ways to Donate. Tweets by cliniclegal. Search Box Search. Author Sarah Bronstein. Last Updated June 28, Topics Humanitarian Relief. U Visas. What are the requirements for a principal petitioner? What are the requirements for derivatives? When must a spousal relationship exist in order for a spouse to qualify as a derivative? USCIS may also determine on a case-by-case basis that other adverse factors weigh against a favorable exercise of discretion.

What happens if USCIS determines that a petitioner may pose a risk to national security or public safety? What does this mean for prima facie approval? What are the fees and how do you file? What about petitioners residing outside the United States?

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