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Posted: Friday, November 2, 2012 12:18 AM

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Web-Site     http://www.STATUSIMMIGRATION.com/

Immigration Legal Services in All 50 States

The Law Offices of S. Malachovsky, PLLC

110 Wall St., 11th Fl, New York, NY 10005

For A FREE Consultation Call 212-804-5770

 

DO YOU NEED HELP WITH A GREEN CARD, US CITIZENSHIP, DEFERRED ACTION FOR CHILDHOOD ARRIVAL,OR VISA?

Then you need an experienced lawyer who knows how the system works and will work hard for you . . .

So call Attorney Shawn Malachovsky at 212-804-5770

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Hi, I'm Shawn Malachovsky; I have helped hundreds of clients for over ten years with their immigration matters. 

Let me help you with the complexity of Immigration Law, so that you too can be part of the American Dream!

 

I-821D, Consideration of Deferred Action for Childhood Arrivals

YOU MAY REQUEST CONSIDERATION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS IF YOU: 1. Were under the age of 31 as of June 15, 2012; 2. Came to the United States before reaching your 16th birthday; 3. Have continuously resided in the United States since June 15, 2007, up to the present time; 4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS; 5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012; 6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and 7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

HOW DO I REQUEST CONSIDERATION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS? You must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This form must be completed, properly signed and accompanied by a Form I-765, Application for Employment Authorization, and a Form I-765WS, Form I-765 Worksheet. Failure to submit a completed Form I-765 (along with the accompanying filing fees for that form), will preclude consideration for deferred action. While there is no filing fee for Form I-821D, you must submit the $380 filing fee for Form I-765, which includes the Form I-765WS, and a biometric services fee of $85 required for the Application for Employment Authorization for a total of $465. Please see the USCIS website at www.uscis.gov/I-821D and www.uscis.gov/I- 765 for complete filing instructions and www.uscis.gov/childhoodarrivals or call the Law Offices of S. Malachovsky, PLLC at (212) 804-5770 for additional information on the deferred action for childhood arrivals process and frequently asked questions.

WHAT EVIDENCE SHOULD I SUBMIT WITH MY REQUEST FOR CONSIDERATION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS? Evidence, including supporting documents, that you file with your request for deferred action should show that you meet the guidelines outlined in the section above entitled “How do I know if I may request consideration of deferred action for childhood arrivals?” This includes evidence that you: 1. Were born after June 15, 1981 (i.e., you were not age 31 or older on June 15, 2012); 2. Arrived in the United States before the age of 16; 3. Have continuously resided in the United States since June 15, 2007, up to the present time; 4. Were present in the United States on June 15, 2012; 5. Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012; 6. Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and 7. Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request.

WHAT DOCUMENTS DO YOU NEED TO PROVIDE IDENTITY? a. Passport; b. Birth Certificate with photo identification; c. Any national identity documents from your country of origin bearing your photo and/or fingerprint; d. Any U.S.-government immigration or other document bearing your name and photograph; e. Any school-issued form of identification with photo; f. Military identification document with photo; or g. Any other document that you believe is relevant.

WHAT DOCUMENTS MAY SHOW THAT YOU CAME TO THE UNITED STATES BEFORE YOUR 16TH BIRTHDAY? a. Passport with an admission stamp; b. I-94/I-95/I-94W Arrival/Departure Record; c. Any Immigration and Naturalization Service (INC) or (DHS) document stating your date of entry; d. Travel records, such as transportation tickets showing your dates of travel to the U.S. A.; e. School records (transcripts, report cards, etc.) from the schools that you have attended in the USA, showing the name(s) of the schools and periods of school attendance; f. Hospital or medical records showing the name of the medical facility or physician and the date(s) of treatment or hospitalization; g. Official records from a religious entity in the USA confirming your participation in a religious ceremony, rite, or passage (e.g., baptism, first communion, bar mitzvah, wedding); or h. Any other document that you believe is relevant.

WHAT DOCUMENTS MAY DEMONSTRATE THAT YOU WERE PRESENT IN THE USA ON JUNE 15, 2012: a. Rent receipts, utility bills, receipts or letters from companies showing the dates during which you received service; b. Employment records (pay stubs, W-2 forms, certificate of filing of State and/or Federal Income Tax Returns, letters from employer(s), or, if you are self employed, letters from banks and other firms with whom you have done business); c. School records; d. Military records; e. Hospital or Medical records; f. Official records from a religious entity in the USA confirming your participation in a religious ceremony, rite, or passage (e.g., baptism, first communion, bar mitzvah, wedding); g. Money order receipts for money sent in or out of the country; passport entries; birth certificates of children born in the USA; dated bank transactions; correspondence between you and another person or organization; US Social Security Card; automobile license receipts, title, vehicle registration, etc.; deeds, mortgages, rental agreements, contracts to which you have been a party; tax receipts; insurance policies; receipts; postmarked letters; or h. Any other document that you believe is relevant.

WHAT DOCUMENTS MAY DEMONSTRATE THAT YOU ARE EITHER: A) In School In The USA At The Time Of Filing; Or B) Have Graduated Or Received A Certificate Of Completion From A Us High School; Or C) Have Obtained A General Education Development Certificate In The USA? a. School records; b. Your U.S. high school diploma or certificate of completion; c. Your U.S. GED certificate; or d. Any other document that you believe is relevant/.

WHAT DOCUMENTS MAY DEMONSTRATE THAT YOU ARE AN HONORABLY DISCHARGED VETERAN OF THE COAST GUARD OR ARMED FORCES OF THE USA? a. Form DD-214, Certificate of Release or Discharge from Active Duty; b. NGB Form 22, National Guard Report or Separation and Record of Service; c. Military personnel records; d. Military health records; or e. Any other relevant document. For information about specific documents that may satisfy these guidelines, please read the instructions to Form I-821D at www.uscis.gov/I-821D and the frequently asked questions at www.uscis.gov/childhoodarrivals or call the Law Offices of S. Malachovsky, PLLC at (212) 804-5770.

Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order? 1. This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals you must submit your request to USCIS. You do not need to be 15 years of age or older at the time of filing if you are in removal proceedings, have a final removal order, or have a voluntary departure order. All cases will be considered on an individual basis. 2. Submit a copy of the removal order or any document issued by the immigration judge or the final decision from the Board of Immigration Appeals (BIA), if available. If you have not been in removal proceedings, this does not apply to you.

Do brief departures interrupt the requirement of having continuous residence in the United States since June 15, 2007? A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and: 1. The absence was short and reasonably calculated to accomplish the purpose for the absence; 2. The absence was not because of an order of exclusion, deportation, or removal; 3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and 4. The purpose of the absence and/or your actions while outside the United States were not contrary to law. For information about specific documents that may show your absence was brief, casual, and innocent, please read the instructions to Form I-821D at www. uscis.gov/I-821D and the frequently asked questions at www.uscis.gov/childhoodarrivals or call the Law Offices of S. Malachovsky, PLLC at (212) 804-5770 .

Will USCIS conduct a background check when reviewing my request for consideration of deferred action for childhood arrivals? Yes. You must undergo biographic and biometric background checks before USCIS will exercise prosecutorial discretion under the consideration of deferred action for childhood arrivals process. If you have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, you will not be considered for deferred action for childhood arrivals except in exceptional circumstances.

What happens after I submit my request for consideration of deferred action for childhood arrivals? After your Form I-821D, Form I-765, and Form I-765WS have been received, USCIS will review them for completeness, including submission of the required fees, initial evidence and supporting documents. If it is determined that the request is complete, USCIS will send you a receipt notice. USCIS will then send you a notice scheduling you to visit an Application Support Center for biometric services. You may choose to receive an e-mail and/or text message notifying you that your form has been accepted by completing a Form G-1145, E-Notification of Application/Petition Acceptance. Please see www.uscis.gov/G-1145 for E-notification instructions. Each request for consideration of deferred action for childhood arrivals will be reviewed on an individual, case-by-case basis. You will be notified of USCIS’s determination in writing. USCIS may request more information or evidence, or may request that you appear at a USCIS office. There is no appeal or motion to reopen/reconsider the denial of a request for consideration of deferred action of childhood arrivals.

Can I extend the period for which removal action will be deferred in my case? Yes. Unless terminated, individuals whose case is deferred pursuant to the consideration of deferred action for childhood arrivals process will not be placed into removal proceedings or removed from the United States for a period of two years. You may request consideration for an extension of that period of deferred action. You must also request an extension of your employment authorization at that time. Your request for an extension will be considered on a case-by-case basis.

If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings? If your request for consideration of deferred action for childhood arrivals is denied, USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except in exceptional circumstances. For more detailed information on the applicable NTA policy visit www. uscis.gov/NTA or call the Law Offices of S. Malachovsky, PLLC at (212) 804-5770 .

Does this process result in lawful status for persons who receive deferred action for childhood arrivals? No. Deferring action is only a discretionary determination to defer removal action as an act of prosecutorial discretion and does not provide you with a lawful status.

What protections from disclosure are in place to protect information I share in my request for consideration of deferred action for childhood arrivals from being used for immigration enforcement purposes? Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance at www.uscis.gov/NTA. Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing clause covers family members and guardians, in addition to the requestor.

This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party.

FOR MORE INFORMATION CALL THE LAW OFFICES OF S. MALACHOVSKY PLLC AT (212) 804-5770 or Visit our sit for updates at www.StatusImmigration.com →

The above information was adapted from the www.USCIS.gov website

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