Month: October 2012

 

IRS is reviewing its procedures for issuing new Individual Taxpayer Identification Numbers (ITINs) as part of a comprehensive review of the ITIN processing procedures. Forms W-7, Application for IRS Individual Taxpayer Identification Number, submitted during the interim period beginning June 22, 2012 through the end of the year must include original documentation such as passports and birth certificates, or copies of these documents certified by the issuing agency. During this interim period, notarized copies of documentation will not be accepted. Some categories of applicants are not impacted by these interim changes, including spouses and dependents of U.S. military personnel who need ITINs. People who should follow the current procedures outlined in the Form W-7 instructions include: • Military spouses and dependents without an SSN who need an ITIN (Military spouses use box “e” on Form W-7 and military dependents use box “d”). Exceptions to the new interim document standards will be made for military family members satisfying the documentation requirements by providing a copy of the spouse or parent’s U.S. military identification, or applying from an overseas APO/FPO address. • Nonresident aliens applying for ITINs for the purpose of claiming tax treaty benefits (use boxes “a” and “h” on Form W-7). Non-resident alien applicants generally need ITINs for reasons besides filing a U.S. tax return. This is necessary for nonresident aliens who may be subject to third-party withholding for various income, such as certain gambling winnings or pension income, or need an ITIN for information reporting purposes. While existing documentation standards will be maintained only for these applicants, scrutiny of the documents will be heightened. ITIN applications of this category that are accompanied by a U.S. tax return will be subject to the new interim document standards. A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the Agency. These documents will be accepted. A notarized document is one that the taxpayer provides to a public notary who bears witness to the signing of the official document and affixes a seal assuring that the document is legitimate. These documents will not be accepted for ITIN applications. The IRS is instituting these interim changes while conducting a review of the program designed to strengthen and protect the integrity of the ITIN process. These are interim changes that have been put in place during a comprehensive review of ITIN processing procedures. Any permanent changes will be issued before the start of the 2013 filing season when most requests for ITINs come in. These changes will be effective for all new applications submitted on or after June 22, 2012 and will remain in effect until the final rules are issued later this year. If a taxpayer had a pending application on file with IRS before June 22, 2012, the processing will continue with the notarized copies already submitted. But those applicants submitted applications after June 22, 2012 may be required to furnish additional documentation including original documents or certified copies directly to the IRS. However, no additional action is required for people who have already filed ITIN requests unless they are contacted by the IRS. IRS will continue to process pending applications that include original or certified documentation. Since these are interim changes, publications, forms and instructions will not change. Once IRS has determined the appropriate changes, these and other appropriate instructions will be updated to reflect the new policy. During this interim period, IRS Taxpayer Assistance Centers will accept original documentation or copies of these documents certified by the issuing agency and forward the documents to the Austin Submission Processing Center. The instructions to W-7 list 13 acceptable documents. The IRS currently receives original documents with some applications and has a process in place to ensure that documents are returned to applicants. The original and certified documents will be returned to applicants using the mailing address on the application via postage paid standard U.S. mail within 60 days of receipt and processing of the Form W-7. If you do not receive your original documents within 65 days of mailing to the IRS, allowing 5 days for postal mail receipt, you may call 1-800-908-9982 (U.S. only) or for international, call 1-267-941-1000 (this is not a toll free number). Unless you are one of the exempt applicants described above, this change requires the submission of original or certified copies of documentation from the issuing agency in order to obtain an ITIN. You may be able to request a certified copy of your passport or similar international identification (e.g., Matricula Card) at your local consulate’s office. If you qualify for a social security number, you should not be applying for an ITIN. You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so we recommend that you contact the appropriate consulate or embassy for specific information. If the consulate or embassy needs to know why you need a certified document, please refer the consulate or embassy to the information on www.IRS.gov or that you download and copy that information and provide it to them. During this interim period, the IRS is only accepting original documentation or copies of documents certified by the issuing country or agency. An Apostille does not meet these requirements since it is similar to the U.S. Notary, which IRS is currently not accepting. It is very important that you should comply with the tax laws of United States even if you are not a permanent resident or U. S citizen or a non immigrant visa holder. Even if you are an alien and if you receive income from United States, you should file U. S tax returns and pay income tax for your income derived in United States. You need a tax identification number ITN for which you should submit W-7 with the original or certified copy of documents from the issuing authority in order to file your tax returns. If you are not familiar with the procedure for obtaining ITN, you may contact a CPA or Attorney in United States, who will be able to guide you through the process for a nominal fee. You do not need to pay any fee to the IRS for obtaining ITN and you are also advised not to fall victim to any agencies or persons who take advantage of this kind of situations by making false advertisements. ITN numbers do not give any legal status to stay or remain in United States or work in United State and they are only used for tax purposes.

 

 

The United States Embassy at New Delhi in India on Sep. 5, 2012 announced that they are implementing a new visa processing system throughout India that will further standardize procedures and will simplify fee payment and appointment scheduling through a new website at www.ustraveldocs.com/in. The new appointment system will take effect from September 26, 2012. All U.S. non immigrant visa applicants will be able to pay application fees via Electronic Fund Transfer (EFT) or with their mobile phones. They can also pay in cash at more than 1,800 Axis bank branches and Citibank branches. For the first time, applicants will be able to schedule their appointments online or by phone. The visa applicants will be able to have their questions answered via telephone, email, or online chat. The call centers will be located in Noida and Hyderabad and the agents will answer questions in Hindi, English, Punjabi, Gujarati, Tamil, and Telugu. The call centers will be open from 8:00 AM to 8:00 PM Monday through Friday, and from 9:00 AM to 6:00 PM on Sunday. The numbers to call are (91-120) 660-2222 or (91-22) 6720-9400 from India or 1-310-616-5424 from the United States. Applicants can email in English or Hindi at supportindia@ustraveldocs.com, or they can chat with the call center people directly from the website www.ustraveldocs.com/in during call center hours. One important change is that under the new system, applicants will have to make two appointments one for giving finger prints and for taking digital photos and second one for actual interview at the consulate. Prior to their visa interviews, applicants will have to visit an Offsite Facilitation Center (OFC) to submit their fingerprints and for taking digital photos. It is anticipated that located apart from the Embassy and Consulates in Delhi, Chennai, Hyderabad, Kolkata, and Mumbai, the OFCs will reduce congestion at U.S. consular facilities and speed applicant processing. Most applicants will need to visit an OFC only once for finger printing and photo taking. It is stated that the goal is to make the visa process as efficient as possible to meet the increased demand for U.S. visas worldwide. In March the Embassy introduced a Visa Waiver program in India, which allows certain qualified applicants to renew their visas without coming in for an interview. The new visa processing system will streamline appointment scheduling, simplify fee payments, and provide new delivery options. The brand new website in English and Hindi will answer all questions about how to apply for a U.S. visa. Through the website, visa applicants will be able to fill out application forms, find out what documents are required, pay visa application fees, schedule an appointment for biometrics collection, and schedule an interview at a U.S. Embassy or Consulate. You can access the website at www.ustraveldocs.com/in. There is absolutely no need to contact any travel agents in India and you or your attorney can do everything from here in United States including the scheduling both appointments and fee payments by EFT. Your relatives only need to appear for finger prints and for interview. Applicants can also contact the U. S Embassy and Consulates by telephone, email, or online chat. The new call center agents can answer questions in Hindi, English, Punjabi, Gujarati, Tamil, and Telugu. There are no fees for calling the call center. Under the new system, the applicants have more payment options available. Applicants will have the option of paying their visa application fees by Electronic Fund Transfer (EFT) or with a mobile phone. They will also be able to pay in cash at over 1,800 Axis and Citibank branches. The new system allows for bulk purchases of fee receipts, an important benefit for companies and travel agents. Within one hour of payment, applicants will receive an SMS message letting them know that their receipt has been activated, and they can proceed with scheduling their appointments. Appointments can be scheduled through our new website or by calling the call center. The Embassy and Consulates in India are offering appointments by phone for the first time. The new global appointment scheduling system will offer group and expedited appointments. One important difference from the current system is that first-time applicants will need to schedule two appointments; one for fingerprint collection, and one for a consular interview. Fingerprints will be collected at an Offsite Facilitation Center (OFC) prior to the visa interview at the U.S. Embassy or Consulate. For many first-time applicants, this will mean two appointments on two separate days. It is informed that they are working to shorten this to one day, but at this point, the Embassy cannot say with certainty when that will happen. The OFCs will be located in convenient locations separate from the Embassy or Consulates to reduce congestion and to speed applicant processing. The good news is that most applicants will only need to submit their fingerprints at the OFC one time. Applicants who are renewing their visas will probably be able to skip this step. Over time, it is expected that the number of applicants who do not need to visit the Embassy or Consulate premises to grow markedly. The new processing improvements also affect the delivery of documents. Under our new system, passports, visas, immigrant visa packets and other documents will be delivered to 33 document pick-up locations across India within a week after the interview at no charge. Applicants will be asked to choose a delivery location when they schedule their appointments. Using the new website, the applicants can also track the progress of their visa applications. When their documents are ready for pick-up, they will be notified via email and/or SMS. It is reminded that the visa application fees will remain the same worldwide; an American consular officer will still conduct the interview at the Embassy or Consulate; and the adjudication standards have not changed. Applicants must still meet the requirements for the appropriate visa class, whether they are traveling as tourists, business people, or students. The Embassy and Consulates will continue to issue 10-year multiple-entry visas to all those who qualify. The Embassy and Consulates are committed to an efficient visa process for all visa applicants worldwide. Presently, visa applicants in India wait fewer than ten days for their appointments, spend less than one hour at the consular facilities, and typically have their visas in hand within a week of their interview. The Embassy and Consulate expect that the new system will further increase the efficiency and transparency of the visa processing, standardizing the process for all visa applicants worldwide.

 

On June 15, 2012, Department of Homeland Security (DHS) issued a memorandum to U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE), the three agencies under the DHS, explaining how prosecutorial discretion should be used with respect to individuals who came to the United States as children. The memorandum directs that certain young people who do not present a risk to national security or public safety and meet specified criteria will be eligible to receive deferred action for two years, subject to renewal, and also eligible to apply for work authorization. Requests for relief are to be decided on a case-by-case basis, and applicants must pass a background check before they can receive deferred action.

Deferred action is a discretionary DHS decision not to pursue enforcement against a person for a specific period of time. A grant of deferred action does not confer any lawful immigration status or alter an individual’s existing immigration status or grant amnesty leading to permanent resident status or citizenship. It is just deferring or postponing the deportation of such individuals and allowing them to stay and work in United States by issuing the work permits. While deferred action does not cure any prior period of unlawful presence, time in deferred action status is considered a period of stay authorized by the Secretary of DHS, but not having any legal status. An individual does not accrue unlawful presence for purposes of INA § 212(a)(9)(B) and (C)(i)(I) while in deferred action status. However, deferred action cannot be used to establish eligibility for any immigration benefit that requires maintenance of lawful status. A grant of deferred action can be renewed or terminated at any time by the DHS.

To establish their eligibility for deferred action under the new memorandum, individuals must provide “verifiable documentation” showing that they: Arrived in the United States when they were under the age of 16; Have continuously resided in the United States for at least five years prior to June 15, 2012, and were present in the United States on June 15, 2012 (the date of the memorandum); Are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coast Guard or the U.S. Armed Forces; Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanors, or otherwise pose a threat to national security or public safety; and Are not above the age of 30.

Applicants eligible for seeking for deferred action must document three aspects of their physical presence and residence in the United States, namely, (1) entered the United States before they reached age 16; (2) have continuously resided in the country for at least five years preceding the date of the memorandum; and (3) were physically present in the U.S. on June 15, 2012. Individuals are not eligible for deferred action if they have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety. A “felony offense” includes any federal, state or local criminal offense punishable by imprisonment for more than one year. Thus, some state misdemeanor offenses may be characterized as felonies for purposes of the new memorandum. A “significant misdemeanor” includes any federal, state or local criminal offense punishable by up to one year of imprisonment or even no imprisonment and involving violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

ICE and CBP have been instructed to immediately exercise their discretion, on a case-by-case basis, to prevent individuals who meet the eligibility criteria from being apprehended, held under ICE detainers, placed into removal proceedings, or removed from the United States. USCIS will adjudicate deferred action requests for individuals who are not currently in removal proceedings or subject to a final order of removal. In addition to the eligibility criteria discussed above, applicants who fall within this category must be at least fifteen years old. Individuals who are under fifteen but who otherwise meet the eligibility criteria can apply for deferred action once they turn fifteen. This process is not yet in effect, and no applications for deferred action should be submitted to USCIS at this time. The DHS has been granted 60 days time from June 15th to formulate procedures or accepting applications for this deferred action. Individuals who receive deferred action may apply for and obtain employment authorization if they can establish an economic necessity for employment. Application for Employment Authorization should be filed with USCIS after deferred action is granted. An individual who applies for and receives a renewal of deferred action separately must request a renewal of his or her employment authorization.

DHS has not yet decided whether individuals granted deferred action will be able to travel abroad. Until this issue has been resolved, individuals who meet the eligibility criteria should remain in the United States. Even if overseas travel is permitted, it may not be in your best interest. Although unlawful presence will not accrue during any deferred action period, prior periods of unlawful presence may render individuals who leave the United States subject to the three or ten year bars and resulting inadmissibility for immigration benefits. Only individuals who meet all the eligibility criteria will be granted deferred action under the new memorandum. Family members who do not independently qualify will not receive deferred action pursuant to this process. Currently, there is no process for individuals to request deferred action under the new memorandum. However, individuals who qualify for relief should begin gathering the documents necessary to establish their eligibility. In addition to the documents discussed above, applicants should obtain certified copies of their birth certificates or passports to establish their identity and age.

If you believe you are eligible please contact an immigration attorney and do not fall in to the trap of notarios and other persons who are not authorized to practice immigration law and not authorized to fill out forms and file with the USCIS. If you file your applications for deferred action through such people it is more likely that they may be denied and you may be put in to deportation proceedings. Hence it is important that you seek the help of an immigration attorney of your choice in this matter.

The USCIS has released news on August 3, 2012 that it will begin accepting requests for consideration of deferred action beginning August 15, 2012. The Department of Homeland Security provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date. On June 15, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.

To establish their eligibility for deferred action under the new memorandum, individuals must provide “verifiable documentation” showing that they: Arrived in the United States when they were under the age of 16; Have continuously resided in the United States for at least five years prior to June 15, 2012, and were present in the United States on June 15, 2012 (the date of the memorandum); Are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coast Guard or the U.S. Armed Forces; Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanors, or otherwise pose a threat to national security or public safety; and Are not above the age of 30.

In the case of those who are not in removal proceedings or removed in the past, must also have reached the age of 15 years at the time of filing the application for deferred action and work permit. Initially it was informed that only after approval of the application for deferred action the application for work permit can be filed. But new information provides that both the application for deferred action and work permit need to be filed together with the required filing fee for each application including the biometric fee with all supporting documents evidence and documents to prove that the applicant meets the above eligibility requirements.

USCIS expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.

Information shared during today’s call includes the following highlights:
.Requestors – those in removal proceedings, those with final orders, and those who have never been in removal   proceedings; – will be able to affirmatively request consideration of deferred action for childhood arrivals with   USCIS.;
.Requestors will use a form developed for this specific purpose.
.Requestors will mail their deferred action request together with an application for an employment authorization   document and all applicable fees to the USCIS lockbox.
.All requestors must provide biometrics and undergo background checks.
.Fee waivers cannot be requested for the application for employment authorization and biometric collection.   However, fee exemptions will be available in limited circumstances.
.The four USCIS Service Centers will review requests.

Deferred action is a discretionary DHS decision not to pursue enforcement against a person for a specific period of time. A grant of deferred action does not confer any lawful immigration status or alter an individual’s existing immigration status or grant amnesty leading to permanent resident status or citizenship. It is just deferring or postponing the deportation of such individuals and allowing them to stay and work in United States by issuing the work permits. While deferred action does not cure any prior period of unlawful presence, time in deferred action status is considered a period of stay authorized by the Secretary of DHS, but not having any legal status. An individual does not accrue unlawful presence for purposes of INA § 212(a)(9)(B) and (C)(i)(I) while in deferred action status. However, deferred action cannot be used to establish eligibility for any immigration benefit that requires maintenance of lawful status. A grant of deferred action can be renewed or terminated at any time by the DHS.

Applicants eligible for seeking for deferred action must document three aspects of their physical presence and residence in the United States, namely, (1) entered the United States before they reached age 16; (2) have continuously resided in the country for at least five years preceding the date of the memorandum; and (3) were physically present in the U.S. on June 15, 2012. Individuals are not eligible for deferred action if they have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety. A “felony offense” includes any federal, state or local criminal offense punishable by imprisonment for more than one year. Thus, some state misdemeanor offenses may be characterized as felonies for purposes of the new memorandum. A “significant misdemeanor” includes any federal, state or local criminal offense punishable by up to one year of imprisonment or even no imprisonment and involving violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

Additional information regarding the Secretary’s June 15 announcement will be made available on www.uscis.gov on August 15, 2012. It is important to note that this process is not yet in effect and individuals who believe they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012. Requests submitted before August 15, 2012 will be rejected. Individuals who believe they are eligible should be aware of immigration scams. Unauthorized practitioners of immigration law may try to take advantage of people by charging a fee to submit forms to USCIS on your behalf. You should contact experienced immigration attorneys who are members of the American Immigration Lawyers Association (AILA) to review your case and file your applications by seeking legal advice.

 

There are more than 20 types of nonimmigrant visas available for people traveling to the United States temporarily. There are many more types of immigrant visas for those coming to live permanently in the United States. The type of Visa you need is determined by the purpose of your intended travel. The following illustration will help you how to read the nonimmigrant visa (for travel to the U.S. as a temporary visitor). In addition, as soon as the visa is received, remember to check to make sure information printed on the visa is correct. If any of the information on the visa does not match the information in the passport or is incorrect, please contact the nonimmigrant visa section at the embassy or consulate that issued your visa as soon as possible before the intended date of travel to United States.

 

Under the new procedures implemented the National Visa Center (NVC) collects immigrant visa fee, affidavit of support fee and application forms (DS 230 Part I and II), Affidavit of Support forms for US Embassies and US Consulates around the world. The NVC is the main office of all U. S Consulates around the world located at Portsmouth, NH in United States. This office processes all immigrant visa applications once the I-130 petitions are approved by the U. S Immigration (USCIS) and forwarded the approved file to NVC. The NVC comes under the Department of State while the USCIS comes under the Department of Homeland Security. Thus both the USCIS and NVC are different agencies under two different departments of the Federal government. Both follow the Immigration and Nationality Act (INA) to adjudicate the cases before them. Both agencies have their own rules mostly similar to adjudicate the cases under the INA. Both agencies are authorized to make their own decisions regarding each petitions like the USCIS has authority whether to approve or not to approve or revoke the petitions approved and NVC has the authority to decided whether a person is eligible for visa or not or to send an approved petition back to USCIS for revocation or for further review. This is done in cases where fraud is involved by the petitioner or the applicants for visas at the consulates based on the information collected through interview and other sources. Hence it is important that filing of I-130 petitions for spouses and other relatives must be accompanied by copies of genuine documents mandated by the rules issued by the government authority. If primary documents like birth certificates, marriage certificates and death certificates are not available, the USCIS may accept secondary documents. If you are not sure what kind of documents are needed with the I-130 petition, you should contact an immigration attorney who has experience of several years of filing similar petitions especially for the applicants of your country.

 

USCIS will begin accepting applications for consideration for deferred action beginning August 15, 2012. On August 14, 2012 USCIS published Form I-821D and its instructions on its web site at www.uscis.gov and also the filing locations. The application must be filed along with the work permit application (Form I-765) and its work sheet (Form I-765WS). The deferred application must be supported by enough evidence to prove eligibility. Deferred action is a temporary immigration status granted by the USCIS based on a variety of factors to those who typically lack other means of obtaining the right to remain in the United States. The particular program announced on June 15th is now open to those who are in proceedings, and will be open beginning August 15th to those who are not in proceedings and who apply affirmatively. Allows those who are granted it to receive two years of protection against removal or the initiation of removal proceedings and two years of employment authorization. The status is subject to renewal after two years (including renewal for those who turn 31 while in deferred action status), unless the program is terminated, but it will not lead to a path to permanent residency. Is a case-by-case discretionary act on the part of the USCIS and may be terminated at any time. Derivative family members (e.g., spouse and children) do not qualify for benefits unless they independently satisfy the eligibility requirements. Aliens who do not meet the eligibility requirements for the “Deferred Action for Childhood Arrivals” program may nevertheless qualify for deferred action based on humanitarian factors under the Service’s preexisting program. Those who do not qualify or were denied and who are in proceedings or subject to a removal order may request that ICE exercise prosecutorial discretion under its June 2011 memorandum.

The main eligibility basis for applying for consideration for deferred actions is as follows:
•Applicants must have been under the age of 31 on June 15, 2012
•Applicants must have entered U. S. A before the age of 16 and before June 15, 2007.
•If applying affirmatively, the applicant must be at least 15 years of age on the date of application (not necessarily on June 15, 2012).
•Applicants must have continuously resided in the United States for at least five years preceding June 15, 2012 (or must have been continuously residing since June 15, 2007).
•Applicants must have been physically present in the United States on June 15, 2012, and must be physically present here when applying for deferred action.
•On the date of application (not necessarily on June 15, 2012), applicants must be in school, have graduated from or completed high school, have obtained a GED, or have been honorably discharged from the Coast Guard or U.S. Armed Forces.
•Applicants must not have been convicted of a felony, a significant misdemeanor, three or more minor misdemeanors, or otherwise pose a threat to national security or public safety.
•The program is open to those who are in removal proceedings, who are not in removal proceedings, as well as those who have an order of removal or voluntary departure.

Application Process
•The total fees for deferred action, employment authorization, and biometrics will be $465. Applicants will complete the new deferred action application form and the Form I-765. Given the current fees for an EAD ($380) and biometrics ($85), it appears that there will be no separate fee for deferred action. Applicants are not eligible to file a fee waiver request based on low income. However, there are limited fee exemptions for those whose income is below 150 percent of poverty and are either: (1) under 18, homeless, in foster care or otherwise lacking parental support; (2) unable to care for themselves because they suffer from a serious, chronic disability; or (3) have accumulated $25,000 or more in debt in the last year due to unreimbursed medical expenses. Those applicants should submit a letter, or possibly a special USCIS form, together with supporting documentation to the USCIS and wait until they have received the grant of fee exemption before applying for deferred action.
•Applicants will submit their completed forms, fee, and documentary evidence to a USCIS Lockbox where it will then be forwarded to one of four Service Centers, depending on where the applicant resides.
•All applicants will undergo biographic and biometric background checks, and after filing will receive an appointment to appear at their local Application Support Center for the taking of photos and fingerprints.
•Applicants in removal proceedings can also file affirmatively for deferred action with the USCIS, even if they are younger than 15. This includes those with a final order of removal and those with a voluntary departure order, provided they are not in detention. If they are in detention, they will not apply with the USCIS, but will notify their detention officer or contact the ICE Office of Public Advocate (888-351-4024) if they wish to be considered.
•Each application will be reviewed and adjudicated on a case-by-case basis. This review may require the applicant to submit additional documentation. Interviews are not a required part of the adjudication process, although in some cases applicants may be requested to appear at an interview at a local USCIS office for quality assurance or if fraud is suspected.
•If granted, deferred action and employment authorization will be valid for two years and may be extended, assuming the program is not terminated. Extensions or renewal of deferred action and employment authorization will be adjudicated on a case-by-case basis. The applicant for extended or renewed status and employment authorization may be over 31 provided he or she was under 31 on June 15, 2012.
•If denied, the applicant may not appeal or file a motion to reopen/reconsider. There will be a supervisory review process in place at the four Service Centers that will be adjudicating these requests for deferred action. Applicants who are denied may request review of the denial using the Service Request Management Tool process if the denial was based on a finding of abandonment and either: (1) the applicant responded to an RFE within the required time, or (2) the RFE was sent to the wrong address.