Immigration lawyers around the United States welcomed the Administration’s recent announcement that younger immigrants may be eligible for “Deferred Action” and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to immigrants and their families. It is not currently a path to a Green Card or Citizenship, nor does it grant permanent legal status to anyone.  It will also not extend to family members – everyone must qualify on his or her own.
To qualify, an individual must:
  • have arrived in the U.S. when they were under the age of sixteen;
  • have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
  • currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
  • not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
  • have been under thirty-one years old on June 15, 2012
The deferred action offer will be available to those in proceedings, those with final removal orders, as well as to those who apply affirmatively.
The Administration is not yet accepting applications for this action. Within sixty days – by the middle of August – the Administration expects to issue guidance and information about how eligible individuals can request deferred action and work authorization.
If you are NOT IN REMOVAL proceedings, DO NOT apply for deferred action at this time.Unfortunately, this policy may open the door for fraud and deception by so-called “Notarios.” In the United States, notarios have no legal background and cannot legally practice law or represent you.
Further, anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the process has been announced by the federal government. An immigrant’s case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.
Do not endanger your chance to qualify for this action and make sure to contact a licensed attorney for more information on applying for deferred action. If you believe you are eligible for deferred action, you may contact Ryvin Wallace Group by calling our Washington DC office (703) 531-0790, or San Francisco CA office (415-765-0679).
After the jump, please read what we expect to happen in the coming weeks, more early analysis, and key Department of Homeland Security Memo and FAQs.

What we expect to happen in the coming weeks:
·       Announcement from USCIS about how it intends to handle Deferred Action – note USCIS is under orders from the President to begin implementing by August 15, 2012
·       Publication of forms, filing fees, and other important details (currently  no formal form for this benefit)
·       Legal action from opponents of Deferred Action
More early analysis:
·       The process will require someone to prove eligibility under each of the criterion listed above
·       How will significant misdemeanor be defined?  Broadly, and remember a single offense makes someone ineligible
·       ICE has the authority to grant deferred action to anyone.  This is important, because some may find themselves just outside of the “group” defined by the criterion noted above; but who are still kind of young person targeted by the Administration:

o   Have or will soon have, at least a high school degree or GED
o   No trouble with the law
o   No current or past gang membership
o   Acclimated to life in the US
o   Arrived at a young age (note – the rules do not distinguish between those entered legally and then over-stayed, from those who entered without inspection, or who may be currently legal, but not work authorized)
For your reference:
DHS Deferred Action Memo_6-15-2012
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DHS Deferred Action FAQ_6-15-2012
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