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Los Angeles Deferred Action Lawyers

What is Deferred Action?

If you or a family member is subject to deportation or removal proceedings, there are several ways in which the action can be deferred. Some of these actions have been available for a long period, including deferring deportation through the granting of asylum, or several other existing options that could be possible for those who are facing removal. There are new processes being put in place to assist those who are currently subject to removal proceedings. Get help immediately from the firm if you are currently facing removal, as there may be new options that could help you avoid deportation.

Deferred Action Eligibility for Young People

On June 18, 2012, it was announced that effective immediately, certain young people who have lived in the U.S. could be eligible for deferred action. The criteria for removal have been changed. It is important that you understand how the process works, and to determine if you will meet the criteria. Any person who meets these criteria will need to apply for deferred action and if approved, they will be granted a 2 year deferral, which will be subject to renewal at the end of the 2 year period. During that time, the person will be given the right to work if it is deemed that it is necessary. Every case will be reviewed on an individual basis, and full documentation must be submitted to prove that you meet the key criteria. It is important that you get legal help from a Los Angeles immigration lawyer from The Immigration Law Office of Los Angeles, P.C. so that your case is submitted correctly.

Deferred Action Resources

Who Is Eligible for Deferral?

You need to first determine if you are eligible for deferral. The deferral does NOT grant legal status, but stops the removal process from moving forward. If you came to the US under the age of 16, and continuously lived in the country for at least 5 years prior to June 15, 2012 and currently reside in the country, you may be eligible. If you are currently in school, have graduated from high school, have a GED, or have been honorably discharged from the Coast Guard or other branch of the Armed Forces, you could be eligible. A person who has any criminal conviction on a felony offense or certain misdemeanors, or multiple misdemeanor offenses will not be eligible for deferred action under the Executive Order. Also those who are 30 years or older will not be eligible for this form of deferred action.

What Do I Do?

The first step should be to contact the firm and get answers about your individual case. If you meet the key criteria as described in the Directive, the process of applying for deferred action will be assisted by a highly qualified attorney with a great deal of experience and success in complex immigration legal matters. If you meet the key criteria and are already under removal proceedings, the firm can take action to halt this process. It will be necessary to submit a request for review with all the supporting evidence of eligibility. If you are in removal proceedings, you are urged to contact the firm at once so that action can be taken for you.

Prosecutorial Discretion

The decisions about granting deferred action are made on a case-by-case basis, based upon “prosecutorial discretion”. Every person applying for the deferral can expect that a full background check will be done to ensure that the individual does not have a criminal record or other disqualifying issue. The check will be extensive and will use a variety of databases that can be accessed to ensure that there is no violation of the law, false documentation, illegal use of documents or other violation of immigration law. It is extremely important at this point that no false statements made to the immigration authorities when contacted, either in person or through the mail or phone or this could be a disqualifying point when your case is reviewed. ICE and the USCIS are focused on ensuring that no fraudulent applications are approved. If any documentation is submitted that has false information, deportation and removal proceeding will be undertaken immediately. Never get advice on this critical issue from other sources than a skilled attorney that can guide you and advise you correctly.

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