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Deferred Action for Childhood Arrivals – Continuous Residence

August 23, 2012 Leave a comment

One of the criteria to qualify for deferred action as a childhood arrival is continuous residence. Continuous residence will not be considered interrupted is one’s absence is “brief, casual, and innocent.

According to USCIS guidelines, absence will be considered brief, casual, and innocent if it was before August 15, 2012, and:

  1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
  2. The absence was not because of an order of exclusion, deportation, or removal;
  3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
  4. The purpose of the absence and/or your actions while outside the United States were not contrary to law.
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Deferred Action for Childhood Arrivals – Application Forms

August 17, 2012 Leave a comment

To apply for consideration for deferred action under the new policy, one must submit the following forms along with evidence supporting the applicant’s application.

1. Form I-821D, Consideration of Deferred Action for Childhood Arrivals;

2. Form I-765, Application for Employment Authorization; and

3. Form I-765WS, Form I-765 Worksheet

Deferred Action for Childhood Arrival – FAQ

August 16, 2012 Leave a comment

Who can apply for consideration for deferred action?

To qualify for consideration, one must meet the seven (7) criteria. The criteria are listed here.

When can application be submitted?

Application for consideration can be submitted starting Aug. 15, 2012.

What is the filing fee?

The filing fee as of Aug. 16, 2012 is $465.

Do I get a greencard if my application is granted?

No. If application is granted, applicant will be offered deferred action, which means that applicant will not be deported for two years. The applicant will also be able to work legally in the US. Applicant may renew this status at the end of the two year period.

Will I be place in removal proceeding if my application is rejected?

According to USCIS brochure, 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 purposes of removal proceedings except if DHS determines there are exceptional circumstances.

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