Risks for Deferred Action Applicants
Deferred action is not guaranteed
DHS has said that it intends to decide cases according to the spirit in which the program was created. This means that there may be some flexibility with respect to an applicant’s criminal record if there are strong mitigating factors. To advise applicants wisely, Immigration attorneys will be carefully following the decisions made by DHS once the application process opens.
Flexibility with respect to criminal activity is not the only open question. Many applicants will not be able to provide all of the official documents requested to establish eligibility. For instance, some young people may not be able to provide a government-issued birth certificate or a passport to establish their identity. It remains to be seen what kinds of secondary evidence will be acceptable to DHS in lieu of the documents listed on the form.
An applicant who is denied Deferred Action will not have the opportunity to appeal. Depending on the reasons the case was denied, these individuals could be referred to ICE for deportation. Cases involving public safety threats, criminal convictions and fraud will be the highest priorities for prosecution. DHS has said that consequences will be particularly harsh for anyone who misrepresents or fails to disclose important facts when applying for deferred action.
If you would like to receive further information on the Deferred Action program when it is available, please contact Immigration Law Associates and provide your name, phone number and/or email address.
If you have specific questions about your eligibility, or believe you are eligible and would like to begin gathering documents, please call us at 847-763-8500 to set up an appointment with one of our attorneys.