3 Ways To Apply For Deferred Deportation

Are you at risk of being deported from the United States? You may be eligible for the deferment of an action on deportation orders if you meet the criteria.

The Secretary of the Department of Homeland Security (DHS) issued a memorandum that may benefit young undocumented individuals who entered the United States in good faith and without fault.

How to Know if You Qualify to Apply For Deferred Deportation

You may apply for Deferred Deportation if;

  1. You arrived in the United States at the age of 15 or younger
  2. You have lived in the US for at least five consecutive years and before the issuance of the Secretary’s memorandum
  3. You must be currently enrolled at some US school or have graduated therefrom; or you have been honorably discharged from the US military services, and by all means you have not committed crimes or misdemeanors.

The memorandum on deferred action does not confer right to permanent resident status nor equal citizenship as it only puts off the removal proceedings for two years, which is subject to renewal.

An undocumented young individual in a final order of removal may still be qualified to apply for deferment. He or she should immediately inform the Law Enforcements Support Center Hotline or the ICE Office of the Public Advocate of his or her intention to file an application.

Results of a Successful Application for Deferred Deportation

Once an application for deferment is granted, the beneficiary will enjoy the following advantages:

  • an authorization for employment in the US if the applicant can demonstrate the need to earn a living;
  • postponement of the removal proceedings for two years;
  • possibility for renewal of the deferment period once two years have passed

How to Apply for Deferred Deportation

In applying for deferred action, the applicant should complete the forms required by the United States Citizenship and Immigration Services (USCIS) and must pay the corresponding fees. Supporting documents must accompany the application forms.

One of the advantages of retaining a good immigration attorney is you can rely on the latter who will process your application and organize everything according to the mandate of the US immigration laws that normally include complex provisions.

Requirements Needed to Apply For Deferred Deportation

In your application for deferment, you need to include the following documentation:

  • Proof of identity
  • Proof that you arrived in the United States at the age of 15 or below
  • Proof of immigration status
  • Proof that you continuously lived in the US
  • Proof of enrolment or that you are currently a student
  • Proof of honorable discharge from the US military

The USCIS will review the completeness of your application and supporting documents and it will send you a notice of receipt, then later a notice for biometric service appointment. The request is decided on a case by case basis. You may be required to provide additional documentation or to appear at a USCIS center.

Get Help With Your Deferred Deportation Application

At Niren and Associates, we have been in the business for decades, and are more than willing to assist you. Our firm has a dedicated team of experienced attorneys ready to help you with your deferred deportation application. Contact us today!



Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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