Jamaica Magazine

Immigration: The Application Process for DEFERRED ACTION is Now Open to The Public

On August 15, 2012 Immigration opened the application process for Deferred Action for children and certain individuals. This means that Immigration is now accepting applications for this new immigration benefit. You may request consideration of deferred action for childhood arrivals if you:

1.      Were under the age of 31 as of June 15, 2012;

2.      Came to the United States before reaching your 16th birthday;

3.      Have continuously resided in the United States since June 15, 2007, up to the present time;

4.      Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5.      Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6.      Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7.      Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Question 1: What is the filing fee?

Answer:  The fee is $465

Question 2: How long will it take for Immigration to approve my case?

Answer:  At this time Immigration has estimated that the proceeding time is 3 to 4 months. However, that processing time may increase based on the large number of applications. The quickest way to receive an approval is to submit your complete application to Immigration as soon as possible.  If you do not have all of the required documents for this application you may contact our office at 404-992-6506 and we will discuss the process with you in more detail.

Question 3: What documents do I need to submit to Immigration?

Answer: To receive an approval you will need to submit documents that establish all of the requirements for the new benefit. You can obtain the complete list of documents and an explanation of those documents by contacting our office at 404-992-6506. There is no charge to receive this information.

Question 4: Someone told me if I pay them an extra fee, they can expedite my deferred action for childhood arrivals request, is this true?

Answer: No. Immigration has not provided any expedited processing for deferred action. Dishonest individuals may promise to provide you with faster services if you pay them an extra fee.

Question 5: What steps will USCIS and ICE if Immigration believes that I committed  or engaged in fraud through the new process?

Answer: Unfortunately, If you knowingly make a misrepresentation, or knowingly fail to disclose facts, Immigration  has the authority to you in removal proceedings and pursue criminal prosecution against you.

Question 6: Where can I find about more information about deferred action?


Answer: IMPORTANT: We are now offering free consultations. You can find out if you qualify for the new law by contacting our office. We can be reached at 678-954-5809 or 404-992-6506. You can also email your inquiries to  [email protected].

Disclaimer: This article is a broad overview and is provided as a public service. This article is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this article should never replace informed counsel when specific immigration-related guidance is needed. 


About the Writer:
Safiya Byars ([email protected]) is the senior partner and owner in the Law Office of Safiya Byars (www.byarslawgroup.com). She is an active member of the Caribbean and International communities in Georgia. She graduated Summa Cum Laude from the University of Montevallo and received her law degree from the University of Alabama in Tuscaloosa, Alabama. Her office is located at 160 Clairemont Avenue, Ste. 200, Decatur, Georgia 30030.  Attorney Byars handles all immigration matters, deportation defense, family law issues, and business formation/litigation. To discuss you case, contact Attorney Byars at 404-992-6506 or 678-954-5809.

About the author

Safiya Byars, Esq

Safiya Byars is the founder and senior partner of the Byars Firm. Attorney Byars serves as the Chair of the Family Immigration Continuing Learning Education and the Vice-Chair of the Immigration Law Section of the State Bar of Georgia. She is a native of Kingston, Jamaica. The Byars firm is located at 3720 Chamblee Dunwoody Road, Suite D2, Chamblee, Georgia 30341. The Byars Firm handles Immigration, Family, and Estate Planning matters. We can be reached at 678-736-5600 and email: [email protected].