What After Filing an Application for Deferred Action ?

Deferred action process will temporarily postpone the deportation of qualified undocumented immigrants and will allow them to get work permits. Form I-821D, filed by eligible applicants are being accepted by the USCIS. Such eligible applicants will be subject to background checks and they will have to provide biographic and biometric data and the fingerprints and photographs of the applicants will be collected. Applications without the required fees and supporting documents will not be considered by the USCIS and such applications will be rejected.

Many eligible undocumented immigrants have a fear that they may put their parents and their relatives at the risk of deportation, if they apply for deferred action. But such eligible immigrants need not worry about that, as the USCIS will not share the information that they provide, with ICE or the CBP. Only the information of the applicants who have criminal history or applicants who seem to threaten the country’s security, will be shared with the ICE or the CBP. If you had filed Form I-821D, to request deferred action and if your request is denied for reasons that do not include criminal activity, USCIS may not refer your case to ICE.

Travel While the Deferred Action Petition is Pending

You may not be allowed to travel while your Form I-821D is pending. If you travel after the deferred action process implementation date and before you are granted deferred action, you may not be granted deferred action. You may file an application for advance parole, which will allow you to travel, after you are granted deferred action. Remember that, it will be considered that you had removed yourself from the country, if you are in removal proceedings and if you travel outside the United States without the advance parole documents.

Review if Your Request is Denied

If your application is denied by the USCIS, you may request a review, if your case was denied based on the desertion of your case. USCIS may accept to review your case, if you prove that you had responded in a timely manner when the USCIS requested for additional evidence. A request for review may be considered, if the USCIS had sent the request for additional information, to the wrong address. However, there is no appeal or motion, if the USCIS denies your application for some other reason. Once your case is rejected, it may not be reopened.

You may not face deportation for the two-year period for which you are granted deferred action. Deferred action is moreover, not a process which will allow you to obtain a Green Card or US citizenship. While you file Form I-821D to request deferred action and if you are granted deferred action, your dependents may not receive the deferred action benefits, as only the person who meets the key criteria for deferred action can apply and receive deferred action.

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