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< Back to current issue of Immigration Daily

On Deferred Action

by Merrill J. Clark, Esq.

With the President's historic announcement of "Deferred Action" on June 15, 2012, it is helpful to compare the well-known "Deferred Action" with the already-existing but little-known "Special Immigrant Juvenile." If there is an option, the youth should opt for Special Immigrant Juvenile, which provides for a pathway to citizenship. However, Deferred Action actually has some benefits that are not available in Special Immigrant Juvenile, most notably it is available to those over 21 years of age. Specific details and the application process for Deferred Action have been promised by about August 15, 2012.

CATEGORIES-ALPHABETICAL ORDER

DEFERRED ACTION (DA)

SPECIAL IMMIGRANT JUVENILE (SIJ) IN NY

COMMENT

AGE

15-30.

0-21.

Under 21 do SIJ; over 21 do DA.

AGE AT US ARRIVAL

Less than 16 years.

Under 21 years.

 

APPEAL OF ADVERSE DECISION

No.

Yes from both Family Court and immigration.

 

COLLEGE LOANS

Yes.

Yes upon application to immigration.

May apply for college loans faster with DA.

CONTINUOUS RESIDENCE IN US FOR FIVE YEARS TO APPLY

Required.

Not required.

 

COST-APPLY

Probably about $515, which is the TPS cost; may seek fee-waiver. Details forthcoming.

1.       Family Court is free.

2.       Immigration is $1070 but may seek fee waiver if earning less than $16,755/year.

 

CRIMES-1 FELONY

May not apply.

Depends which crime.

 

CRIMES-1 MISDEAMEANOR

May apply unless a significant misdemeanor.

Depends which crime.

 

CRIMES-1 MISDEAMEANOR

May apply unless a significant misdemeanor.

Depends which crime.

 

CRIMES -2 MISDEAMENORS

May apply unless a significant misdemeanor.

Depends which crimes.

 

CRIMES -3 MISDEAMENORS

May not apply.

Depends which crimes.

 

DENIAL OF IMMIGRATION-REFERRED TO ICE FOR REMOVAL

Probably.

Usually does not happen.

 

FALSE DOCUMENTS

Probably need to apply for discretionary I-601 exemption. Details forthcoming.

No problem. Specifically exempted from SIJ.

 

ILLEGAL ENTRY IN US

May apply.

May apply.

 

IN HIGH SCHOOL OR HS GRADUATE/GED

Required to apply.

Not required.

 

IN US ON 6/15/2012

Required to apply.

Not required.

 

LENGTH OF TIME IMMIGRATION STATUS WIL LAST

Two years, may be renewed; however may be terminated at agency’s discretion.

Forever.

 

MARRIED

May apply.

May not apply if presently married.

 

MARRIAGE LEGALIZE YOUR SIGNIFICANT OTHER

No.

Yes, especially when you are a citizen.

 

MILITARY JOIN

Generally not, however very limited exception.

Yes, and if so, a citizen in 9 weeks, yes weeks.

 

ORDER OF REMOVAL (DEPORTION)

May apply.

May not apply.

One benefit of DA over SIJ.

PROCESS

Apply to Immigration.

Seek guardianship in Family Court. Apply to immigration.

 

PROCESS TIME

Probably about 4-6 months (similar to TPS). Details forthcoming.

Family Court: 3-6 months.

Immigration: 6 months.

 

REMOVAL PROCEEDINGS PENDING

May apply.

May apply with authorization of Immigration Judge

 

TRAVEL OUTSIDE US

Details forthcoming.

Yes.

 

WORK AUTHORIZATION

Yes. But must show economic necessity.

Yes upon application to Immigration.

Work authorization will be faster with DA.

©Copyright 2011

Merrill Clark, Esq.

110 Wall Street, 11th FL

NY, NY 10005

merrillj.clark@verizon.net

www.nysij.us

(646) 706-7031

 


About The Author

Merrill J. Clark is a New York attorney and has had several Special Immigrant Juvenile cases in the New York family courts and with USCIS. He has also done several Temporary Protected Status cases, which appears to be the model for Deferred Action. Mr. Clark also practices family immigration law.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.


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