3rd DHS Stakeholder Meeting Updates on Deferred Action Aug 14, 2012

Today, USCIS convened a stakeholder conference call to provide guidelines for the Deferred Actiondirective. This was the third stakeholder call for the eager public. (Read the updates for the first meeting here and the second meeting here.) Courtesy of LawLogix, the following summary is made available to our immigration practitioners who missed the conference call today.

FROM USCIS DIRECTOR ALEJANDRO MAYORKAS:

Director Mayorkas filled us in on the filing process requirements (finally). Forms I-821D, I-765 and 765WS will be required for filing along with a government filing fee of $465. Receipts will be issued for all request submitted. Requestors will receive a notification to have their biometrics taken. A background check will be conducted by the government during this time period. Individual requests will take several months to process. Any decisions by USCIS will be made in writing. EADS will be issued accordingly, if approved.

EDUCATION REQUIREMENT

Director Mayorkas elaborated on the guidance about satisfying the educational criteria for Deferred Action requests. Individuals must provide direct (not circumstantial) evidence including any of the following:

  • Currently enrolled in school:
    • -Enrolled in public or private grade, middle or high school, or secondary school
    • -Enrolled in an education, literacy, or career training program including vocational that is designed to lead to placement in a postsecondary education, job training or employment program, or where the individual is working towards such a placement
  • Educational programs should be funded in whole or in part by federal or state grants
    • -Programs funded by other sources may qualify but an overall assessment will be made by reviewing the following:
      • * Duration of program existence
      • * Program’s track record in securing HS diploma, GED, or placing students in postsecondary education, job training, or employment
      • * Other indicators of the program’s overall quality
      • * Examples include institutions of higher education like community colleges and certain community-based organizations

The burden is on the requestor to show the program’s demonstrated effectiveness.  During renewals, the requestor must show, at the time of the request, substantive progress towards graduating or achievement completion of education.  More details are available in the FAQ sectiononline.

DISCLOSURE OF DATA TO OTHER GOVERNMENT AGENCIES

If there is an NTA or a referral, USCIS will not share with ICE information related to the individual’s family or guardians, but that information may be shared with national security and law enforcement agencies for purposes other than removal.  [Editor’s note: Potential candiates should consult an experienced immigration attorney or BIA representative for guidance on the impact of this particular issue.]

NOTARIO FRAUD

This was not specifically addressed during the call, but just as a reminder, please help the public avoid immigration scams at www.uscis.gov/avoidscams.

CONTACTS

Full details can be found online. DHS has also provided a number for the National Customer Service Center: (800) 375-5283. Fraud issues should be directed to DHS’ dedicated number (866) DHS-2ICE. We’ll continue to bring you more updates regarding developments related to Deferred Action for Childhood Arrivals (DREAMers). Want updates faster? Get them via email.

WEBINAR FOR ATTORNEYS AND THE PUBLIC

LawLogix will also be sponsoring a Deferred Action for Childhood Arrivals Webinar nextWednesday, August 22, 2012 at 10am (PST)/1pm (EST)Click here to register.  The webinar is also open to the public. LawLogix EDGE Immigration Software users, please check your notice boards for regular updates regarding Deferred Action for Childhood Arrivals in addition to this blog. You’ll receive more detailed information about the process. The information in today’s posting is provided for informational purposes only and, as indicated by DHS, may change at any time. It is not intended to serve as legal advice. Please consult a licensed attorney in good standing should you require legal assistance on this matter.