USCIS has just released on Aug. 14, 2012 the form required to request consideration for the Deferred Action program. If you have been keeping up with the news then you should be familiar with the general requirements and whether or not you qualify for this program. For a refresher, please see our previous Breaking News post on this website.
The instructions that have just been released set the total filing fees at $465.00, which will cover the deferred action request, employment authorization, and biometrics fees. The forms that will need to be sent in are the newly released Form I-821D, the work authorization form I-765, and the Form I-765 worksheet (Form I-765WS). Interestingly, Form I-821D may not be filed by itself but must be filed with Form I-765 and form I-765WS. This also means that there will be no waiver of any of the filing fees.
Prospective applicants will also need to submit a large amount of supporting documentation and evidence that they meet the guidelines for the program. These documents include:
a. Personal documents- Passport, Driver’s License, Birth Certificate, School-issued photo ID, Expired Visas, EAD cards, and any other relevant documents.
b. Arrival Documents (came here before you were 16)- Admission Stamps, I-94 Arrival/Departure Record, Travel Records, School Records, Hospital/Medical Records, Church Documents, and any other relevant documents.
c. Documents Showing Your Current Presence- Rent Receipts, Utility Bills, Employment Records (pay stubs, W-2s, tax returns), Bank Statements, and any other relevant documents.
d. Documents Showing Your Education- Transcripts, Report Cards, Diploma, GED Certificate, and any other relevant documents.
e. Documents Showing Brief Departures- Plane Tickets, Itineraries, Passport Entries, Hotel Receipts, and any other evidence that supports a brief, casual, and innocent absence.
Again, the above-list is not an exhaustive list of all the documentation that my be required, as every applicants case will be different and may require different documentation. For this reason, it will be important for prospective applicants to make sure that they are well informed and know the process. The easiest way to achieve this, of course, is to have an experience immigration attorney help with the case. The attorneys here at Lin & Valdez will be happy to help you with your application and will answer any remaining questions you might have. Please call us to set up a consultation today.