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  • On Deferred Action by Merrill J. Clark, Esq.

    On Deferred Action

    by Merrill J. Clark, Esq.

    With the President's historic announcement of "Deferred Action" on June 15, 2012, it is helpful to compare the well-known "Deferred Action" with the already-existing but little-known "Special Immigrant Juvenile." If there is an option, the youth should opt for Special Immigrant Juvenile, which provides for a pathway to citizenship. However, Deferred Action actually has some benefits that are not available in Special Immigrant Juvenile, most notably it is available to those over 21 years of age. Specific details and the application process for Deferred Action have been promised by about August 15, 2012.

    CATEGORIES-ALPHABETICAL ORDER>>

    DEFERRED ACTION (DA)>>

    SPECIAL IMMIGRANT JUVENILE (SIJ) IN NY>>

    COMMENT>>

    AGE

    15-30.

    0-21.

    Under 21 do SIJ; over 21 do DA.

    AGE AT US ARRIVAL>>

    Less than 16 years.

    Under 21 years.

    >

    APPEAL OF ADVERSE DECISION>>

    No.

    Yes from both Family Court and immigration.

    >

    COLLEGE LOANS>>

    Yes.

    Yes upon application to immigration.

    May apply for college loans faster with DA.

    CONTINUOUS RESIDENCE IN US FOR FIVE YEARS TO APPLY

    Required.

    Not required.

    >

    COST-APPLY

    Probably about $515, which is the TPS cost; may seek fee-waiver. Details forthcoming.

    1.       Family Court is free.

    2.       Immigration is $1070 but may seek fee waiver if earning less than $16,755/year.

    >

    CRIMES-1 FELONY

    May not apply.

    Depends which crime.

     

    CRIMES-1 MISDEAMEANOR

    May apply unless a significant misdemeanor.

    Depends which crime.

    >

    CRIMES-1 MISDEAMEANOR

    May apply unless a significant misdemeanor.

    Depends which crime.

    >

    CRIMES -2 MISDEAMENORS

    May apply unless a significant misdemeanor.

    Depends which crimes.

    >

    CRIMES -3 MISDEAMENORS

    May not apply.

    Depends which crimes.

    >

    DENIAL OF IMMIGRATION-REFERRED TO ICE FOR REMOVAL

    Probably.

    Usually does not happen.

    >

    FALSE DOCUMENTS

    Probably need to apply for discretionary I-601 exemption. Details forthcoming.

    No problem. Specifically exempted from SIJ.

    >

    ILLEGAL ENTRY IN US>>

    May apply.

    May apply.

    >

    IN HIGH SCHOOL OR HS GRADUATE/GED>>

    Required to apply.

    Not required.

    >

    IN US ON 6/15/2012>>

    Required to apply.

    Not required.

    >

    LENGTH OF TIME IMMIGRATION STATUS WIL LAST>>

    Two years, may be renewed; however may be terminated at agency’s discretion.

    Forever.

    >

    MARRIED>>

    May apply.

    May not apply if presently married.

    >

    MARRIAGE LEGALIZE YOUR SIGNIFICANT OTHER>>

    No.

    Yes, especially when you are a citizen.

    >

    MILITARY JOIN>>

    Generally not, however very limited exception.

    Yes, and if so, a citizen in 9 weeks, yes weeks.

    >

    ORDER OF REMOVAL (DEPORTION)>>

    May apply.

    May not apply.

    One benefit of DA over SIJ.

    PROCESS

    Apply to Immigration.

    Seek guardianship in Family Court. Apply to immigration.

    >

    PROCESS TIME

    Probably about 4-6 months (similar to TPS). Details forthcoming.

    Family Court: 3-6 months.

    Immigration: 6 months.

    >

    REMOVAL PROCEEDINGS PENDING

    May apply.

    May apply with authorization of Immigration Judge

    >

    TRAVEL OUTSIDE US

    Details forthcoming.

    Yes.

    >

    WORK AUTHORIZATION

    Yes. But must show economic necessity.

    Yes upon application to Immigration.

    Work authorization will be faster with DA.

    ©Copyright 2011

    Merrill Clark, Esq.

    110 Wall Street, 11th FL

    NY, NY 10005

    merrillj.clark@verizon.net>>

    www.nysij.us

    (646) 706-7031

    >


    About The Author

    Merrill J. Clark is a New York attorney and has had several Special Immigrant Juvenile cases in the New York family courts and with USCIS. He has also done several Temporary Protected Status cases, which appears to be the model for Deferred Action. Mr. Clark also practices family immigration law.


    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
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