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USCIS Forms Deferred Action

Almost all the USCIS forms are available online and you can download these USCIS forms from the website. Similarly, the USCIS form, Form I-821D, that must be filed by people who are eligible for deferred action status is also available online and citizens of foreign countries who got into the United States as children and who pursued education or military service in the country may file this petition to request deferred action status, if they are currently undocumented immigrants. This deferred action process implemented by President Obama, will permit the young and eligible undocumented immigrants to live in America for a 2 year period. To receive deferred action status, you just need to file Form I-821D, Consideration of Deferred Action for Childhood Arrivals and Form I-765, if you believe that you are eligible for deferred action.

At the same time, you need to remember that deferred action status may not be granted to all the undocumented immigrants in America and that is because this process is applicable only to the undocumented immigrants between ages 15 and 31. If you are above age 15 and if you are currently in school, you can file Form I-821D and you may request deferred action status, even if you are a graduate. Honorably discharged veterans are also eligible for DACA provided they meet the eligibility requirements. You cannot file Form I-821D to request deferred action status, if you had entered into the United States after your 16th birthday.

While submitting Form I-821D, you need to submit some documents to demonstrate that you meet all the eligibility requirements. To qualify for deferred action status, you must have been smuggled into the country or you must have entered on a non-immigrant visa and must have overstayed that visa. You must also prove that you have been living in America continuously for a five year period from June 15, 2007, till date. Apart from all these requirements, you will have to prove that you are not a criminal and that you have not been convicted of felonies and if you were convicted of three or more misdemeanors, you cannot file an application to receive deferred action.

If you are an eligible undocumented immigrant, you may file Form I-821D to request deferred action status. As the cases of all the applicants may not be the same, USCIS will not adjudicate all the applications in the same manner. If you receive deferred action status, you will not be placed in deportation proceedings and you will not be deported for a two year period. However, at the end of the two year period, you can apply for renewal and remain in the United States for few more years. While filing Form I-821D for deferred action, you should file Form I-765, Application for Employment Authorization and Form I-765WS, Form I-765 Worksheet, along with that. Even if you do not wish to work in America after being granted deferred action status, you will have to file Form I-756 for a work permit.

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