Questions about deferred action continue to pour in. That's why this week in my column from La OpiniónI continue to answer some of them. Here I answer in a general way to your doubts. Each case is different, so you should consult a lawyer for personalized legal advice.
What kind of documents will I be able to send with my request for deferred action? - Carlos L.
All applicants for deferred action must submit evidence demonstrating their eligibility for the program. Examples of evidence that may be submitted with the application include:
- financial, medical, school, or employment or military service records
- diplomas, GED certificates, transcripts, or certificates of coursework passed
- official separation report, military service record, and health record associated with military service
My husband entered the U.S. undocumented in 2009 and wants to enroll in the deferred action program through me. Is this possible? - Angela S.
Immediate family members (spouses, unmarried children under the age of 21, and parents) of individuals receiving deferred action will not be able to obtain deferred action unless they independently also meet the program's requirements.
I was found guilty of drunk driving, am I eligible for the deferred action program? - Carmen T.
Individuals found guilty of a significant misdemeanor offense are not eligible for deferred action. According to the U.S. Department of Homeland Security (DHS), a significant misdemeanor - such as robbery, theft, fraud, and driving while intoxicated or under the influence of drugs - is a federal, state, or local criminal offense that carries a prison sentence of less than one year or no jail time. It is possible that this requirement may be modified in the future. It is imperative that you consult with an immigration attorney before beginning any proceedings.
If my request for deferred action is denied, can I appeal the decision? - Magdalena T.
There will be no opportunity to appeal decisions by Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services (USCIS) based on the exercise of prosecutorial discretion, including deferred action. ICE and USCIS will develop protocols for supervisory review of these cases as part of the implementation plan for this new program.