Requests for “Deferred Action” Not Linked to Removal Proceedings

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Many individuals who are residing and working in this country without proper documentation are worried about pursuing a grant of “deferred action” status (one that allows such residents to stay in the U.S. temporarily without fear of prosecution) because they fear being put into removal proceedings if their application for deferred action status should fail for any reason.

The fact is, however, that a failure to qualify for deferred action will not necessarily result in removal. The U.S. Citizenship and Immigration Services (“USCIS”) will apply existing “Notice to Appear” guidance to any decisions about referral of cases to the Immigration and Customs Enforcement agency (“ICE”). Under this guidance, individuals whose requests for deferred action are denied will be referred to ICE only if they have a criminal record or there is a finding of fraud in their request. Of course, USCIS can always refer a matter to ICE if it involves and individual who is perceived to be a threat to the U.S. as well.

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.