Legal Guide for Deferred Action Applicants

What should you do now before the application process begins?

1.  Collect Documents

Collect documents that will help prove that you entered the U.S. before you reached age 16, that you continuously resided in the U.S. for at least 5 years prior to 6/15/2012 and that you were physically present in the U.S. on 6/15/2012. Examples of such documents are as follows: – immigration court records – applications for immigration benefits – correspondence with immigration agencies – I-94 cards – driver’s licenses – birth certificates of children born in the United States – marriage certificates – hospital records – school records – utility bills – tax returns – rental receipts – other dated receipts – bank statements – personal checks bearing a dated bank cancellation stamp – employment records – credit card statements

2.  Review Other Immigration Applications with Your Attorney

Review with your attorney other application forms for immigration benefits that you have submitted that require a showing of continuous residence or physical presence to ensure that all information included in a request for deferred action is consistent.

3.  Obtain Police Reports

Obtain copies of all police reports and records of disposition of any criminal charge, including any juvenile adjudication no matter how minor or how long they occurred.

4.  Review Criminal History with Your Attorney

If you have a criminal history, review this with your attorney before submitting any application for deferred action.

5.  If in Removal Proceedings, Contact Your Attorney if You Qualify for Deferred Action

If you are currently in removal proceedings, contact your attorney to determine if you may qualify for deferred action, even if you are older than 30.

6.  If You Have a Final Order of Removal, Consider Filing a Motion to Reopen

If you have recently received a final order of removal from the U.S. and are still within the statutory time period for seeking reopening of your case with the Immigration Judge (within 90 days of the entry of a final order of removal), you should discuss with your attorney whether to file a motion to reopen based on the new deferred action policy.

7.  If You Have Voluntary Departure, Consider Filing for a Motion to Reopen

If you have received voluntary departure from an Immigration Judge, discuss with your attorney whether you should remain in the U.S. while the deferred action policy is developed and implemented and whether to file a motion to reopen to withdraw a request for voluntary departure prior to the designated departure dates.

8.  Do Not Travel Abroad Until You Know It’s Ok

If you are considering applying for deferred action, do not travel abroad until the DHS has decided if it’s permitted