After Filing an Application for Deferred Action

Deferred Action policy implemented by President Obama will defer the deportation of eligible DREAMers. Such DREAMers who receive deferred action will become eligible for employment authorization documents, with which they can work in America for 2 years. Thousands of DREAMers who meet the prerequisites have already filed their applications and many are yet to file their applications for deferred action. Undocumented immigrants who feel that they are eligible for deferred action must file the USCIS Form I-821D for deferred action along with Form I-765, for a work permit.

USCIS has approved petitions filed by many applicants and some have already received deferred action and their work permits. However, applicants will be granted deferred action only after they show up for their biometrics appointment. Similarly, applications that do not accompany the required fees will not be accepted.

Though the DREAMers are happy about the deferred action policy, many feel that the details that they provide while applying for deferred action will result in the deportation of their family members and relatives, who are ineligible for deferred action. You need not worry about it, as the USCIS will not share the information provided by the DACA applicants with ICE or CBP. Only if you have serious criminal records, your case will be referred to ICE or CBP.

Can I Travel while my DACA application is Pending?

You must not leave the country after you file Form I-821D. Similarly, you will not be granted deferred action, if you travel outside the country before your application for DACA is approved and before you are granted deferred action. However, DACA recipients may travel abroad, after they are granted deferred action, by obtaining an advance parole document. You may not be granted entry into the country, if you travel abroad without an advance parole document as the immigration offices will consider that you had deported yourself from the country.

What if my Request is Denied?

You may request a review, if the USCIS denies your application. However, USCIS will review your case only if you had spontaneously responded and submitted the required supporting documents when the USCIS requested additional evidence. Similarly, USCIS will review your case, if the request for additional supporting documents was sent to the wrong address. If the USCIS denies your application for some other reason, you cannot request the USCIS to re-open your case and the USCIS will not review your case.

You may remain in the United States for two years without the fear of deportation, if you are granted deferred action. However, deferred action recipients, may not become eligible for US Green Cards and US citizenship. Similarly, if you receive deferred action, deferred action benefits may not be extended to your dependents and family members. Remember that all the undocumented immigrants who file applications for deferred action may not be granted deferred action and only the undocumented immigrants who meet all the prerequisites will be granted DACA and employment authorization documents.

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