Implementing the President’s Deferred Action Policy


Since the announcement of the new “deferred action” policy by President Obama on June 15, many questions have been raised about what the policy is and how it will be implemented.

On this blog, we will attempt to answer some of those questions for you in the days and weeks ahead with information provided by the White House and the Department of Homeland Security.

Of course, one of the most basic and common of questions that potentially affected individuals might pose is: “How will the new policy be implemented?”

Individuals not in removal proceedings or who are already subject to a final order of removal will need to submit a request for a review of their case and supporting evidence to the U.S. Citizenship and Immigration Services (the “USCIS”) and will receive a determination of their right to deferred action.

USCIS is expected to outline and announce the procedures for obtaining this review soon, but requests should only be submitted after the process has been put in place.

Individuals may call the USCIS hotline in the meantime at 1-800-375-5283 if they have any questions. The line is open from 8:00 am to 8:00 pm EST. This hotline offers assistance in both English and Spanish.

For individuals who are currently in removal proceedings before the Executive Office for Immigration Review, and are still uncertain of their status, the U.S. Immigration and Customs Enforcement agency (“ICE”) will announce the process by which qualified individuals can receive a “deferred action” review of their pending case. Those with questions may also call the ICE hotline at 1-888-351-4024 between 9:00 am and 5:00 pm.

ICE will immediately offer deferred action for a period of 2 years, subject to renewal, for those individuals already in removal proceedings who meet the eligibility criteria for deferred action.

We generally do not handle deportation matters, but if you are in need of legal assistance with another immigration matter, do not hesitate to contact our office at (847) 564-0712 to speak with a qualified attorney. You can also check out our immigration law Website for more information about how we might assist you.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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