Posts tagged "immigration"

What You Need to Know about ‘Deferred Action’

Some immigrants who were brought to the country as children can now apply for deferred action, a program that allows you to remain in the country and apply for work permits.

The program has strict requirements and includes filing several forms, as well as a background check and evidence of eligibility. Here are the basics of the program, and links to official government information for more details.

What Is Deferred Action (And What Isn’t)

Deferred action allows certain people who were brought to the United States as children to remain here and apply for renewable two-year work permits. It does not give beneficiaries a path to citizenship or lawful permanent residency. The program will remain in effect at the discretion of the Department of Homeland Security.

Who Can Benefit from the Program

To qualify for the program, you must be under 31 years as of June 15, 2012 and arrived in the United States before turning 16. You must also undergo a background check to show that you did not commit certain types of crimes. The program is also open to certain people who are currently under deportation proceedings. United States Citizenship and Immigration Services (USCIS), the agency in charge of implementing the program, has a list of the requirements for deferred action (PDF).

How the Application Process Works

To apply, you must file three forms:

  • 821D to request deferred action
  • I-765 to apply for employment authorization
  • I-765WS, a worksheet to establish the applicant’s employment needs

The total cost of applying is $465. Where to apply depends on where you live. See USCIS to find out where to send a deferred action application and follow these filing tips.

Application Errors Can Be Costly

Be careful not to make mistakes when applying for deferred action. Errors might delay the process or worse; it might result in the denial of an application. Although there is a process to reconsider applications denied due to certain mistakes, USCIS’s decisions are final, and cannot be appealed. Applicants who misrepresent themselves on the applications to benefit from deferred action will be considered a high priority for deportation.

Scammers Are Promising Quick Processing Times

Scammers might promise expedited processing of deferred action for a fee. Applicants should know that this program does not offer expedited processing. The best way to avoid scams is by only trusting official government information. Applicants who need legal advice can find an accredited immigration attorney and other legal services at USCIS.

For more information on deferred action visit or call 1 (800) 375-5283.

Last week, the Department of Homeland Security began accepting requests for “deferred action” status from people who were brought into the United States as children. Deferred action status would allow these people to remain in the United States and make them eligible to receive a work permit.

Find out if you’re eligible and how to apply for deferred action status at

Were You Brought Into the United States as a Child? Here’s What You Need To Know

Certain children who were brought to the United States may be eligible to remain in the country and get a work authorization permit. They will need to meet certain requirements and complete a background check.

The United States Citizenship and Immigration Services (USCIS) is the agency in charge of setting up an application process. It should be up and running sometime in mid-August. Meanwhile, don’t apply or your application will be rejected.

USCIS recommends you follow these tips:


  • Visit to learn more about the announcement, eligibility criteria and to find the latest updates.
  • Contact USCIS for more information at 1-800-375-5283.
  • Visit to learn more about how you can avoid becoming a victim of an immigration service scam.


  • Pay anyone who claims they can request deferred action on your behalf or apply for employment authorization through this new process before USCIS announces an implementation date.
  • Send an application seeking work authorization related to this process.

Visit USCIS for more information about the program or call 1-800-375-5283. They can answer your questions in English or Spanish.

Law Grants Automatic Citizenship to Some Children Born Abroad

Most U.S. citizens acquire citizenship by being born in the U.S., or through a process called naturalization. However, there are certain people born abroad who can acquire citizenship automatically.

The Child Citizenship Act of 2000 grants automatic citizenship to the biological and adopted children of parents who are U.S. citizens.

How to Get Automatic Citizenship

The Child Citizenship Act of 2000 generally benefits children who were born outside the United States, are under 18 years of age and have at least one parent who is a U.S. citizen.

To qualify for automatic U.S. citizenship, a child must:

  • Meet the definition of “child” under immigration law.
  • Be under 18 years of age.
  • Have at least one parent who is a U.S. citizen by birth or through naturalization.
  • Reside in the United States under the legal and physical custody of the parent who is a U.S. citizen.
  • Be a lawful permanent resident.

If the child is legally adopted, he or she must meet all adoption requirements under immigration law.

“Because citizenship law has changed over the years, if the person is now over 18 years of age, USCIS looks to the relevant law that was in effect before the child turned 18 to decide if the person acquired U.S. citizenship,” said Mariana Gitomer, an officer with the United States Citizenship and Immigration Services (USCIS).

How to Prove You Are a Citizen

A qualified child does not need to file an application to establish U.S. citizenship, but the child will need a certificate of citizenship, which can be obtained by filing form N-600. This will ensure that all the requirements for citizenship have been met.

Once the form has been filed, an immigration officer will determine if an interview is necessary. If so, the applicant must meet with an officer and bring:

  • All original documents of the copies submitted when filing form N-600.
  • Any additional documents that will establish if the child qualifies for citizenship.
  • Certified translation of documents not originally in English.

How to Get More Information

These are the general requirements, but some unique situations may require additional steps. For more information contact the USCIS National Customer Service Center at 1-800-375-5283 or visit

Our nation’s immigration laws must be enforced in a firm and sensible manner, but they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.

Secretary of Homeland Security Janet Napolitano, announcing a new policy to defer deportations and grant work permits for some younger undocumented immigrants.

Learn more about the new policy and who will be eligible for to defer their deportation case from the Department of Homeland Security’s official announcement.