DEFERRED ACTION FOR CHILDHOOD ARRIVALS

By Attorney Norka M. Schell

On August 3, 2012, the Department of Homeland Security (DHS) announced that USCIS will begin accepting request for Deferred Action for Childhood Arrival on August 15, 2012, when USCIS expects to post the application form and instructions on its website. Requests for relief are to be decided on a case-by-case basis, and applicants must pass a background check before they can receive deferred action.

I advise the Childhood Arrivals to proceed with caution because the deferred action is a discretionary decision where DHS will determine on a case-by-case of not to pursue enforcement against a person for a specific period. A grant of a deferred action status will not confer lawful immigration status, alter an individual's existing immigration status, or provide a path to citizenship. It only means that time in deferred action status will be considered a period of stay authorized the Secretary of DHS. DHS can renew or terminate a grant of deferred action at any time.

If you need assistance regarding Deferred Action, you should contact my office at (212)564-1589.