Lots of Speculation Regarding Details of Deferred Action Program

We'll know in a few days how the deferred action program will work. Some are saying August 1st. Some are saying August 6th.  Here are a few things that have been revealed to local USCIS district office directors, though nothing is confirmed.

- Applicants will send applications to a lockbox facility in Chicago or Phoenix and the USCIS regional service centers will process the applications. They will then forward to local offices if an interview is needed (such as if there is are criminal issues)

- Some service center cases (other than deferred action matters) will be sent to local USCIS offices in order to free up the service centers to handle the new cases.

- USCIS will hire several hundred people at the service centers to handle as many as 1.4 million applications. Don't expect receipts for 60 to 90 days and biometrics scheduling for about 30 days after that.

- All applicants will be subject to fingerprinting and photographing at Application Support Centers. This will likely cause delays at ASCs for naturalization, EAD and green card cases and the ASCs are going to need more machines and personnel.

 

- USCIS will likely use a form that is a variation of the I-821. They will probably not charge for the deferred action application itself since this would require a study and there is no time. But they can charge for the work cards and the biometrics which would put the application fee at $405. I've also heard the fee would be set at over $500, but am not sure how that number is being calculated.

- The deferred action application and the I-765 employment authorization application will be filed simultaneously and the EAD will be approved right after the deferred action application is approved. That would mean the 90 day clock wouldn't be an issue as long as the work card is approved within 90 days of the deferred action being approved.

- USCIS believes more than half of applicants will receive requests for additional evidence, thus delaying cases further.

- If I-821D is approved, the I-765 will then be adjudicated (likely to be adjudicated immediately after approval of I-821D so don't have to wait an additional 90 days).  There is no 90 requirement to process the I-821D so the filing of an I-765 with the I-821D does not start the 90-day clock.  EAD card will be granted for a period of 2 years from the date of approval of I-765.

- there will likely be no process for appealing denied applications

- USCIS still has not decided about traveling

- temporary breaks in residency are likely to be okay and will not mean the continuous physical presence requirement cannot be met.

- still lots of questions regarding the types of documents that will be accepted as proof.

 

Remember, these details could change and are not official.

 

 

 

 

Comments

[Sa]

Looks like the Obama administration is not going to publish the EAD scheme details until very last moment.

[Legal and no longer waiting]

Jack, honey, "taking advantage" does not always mean a bad thing. Sometimes, it means using what's righfully yours. For example, many millions of Americans have taken advantage of the unemployment insurance program after losing their jobs in the recession.

[Jack]

In a startling allegation, the president of the union representing Immigration and Customs Enforcement officers claimed illegal immigrants are "taking advantage" of a new directive allowing some undocumented residents who came to the U.S. as children to stay in the country. Union boss Chris Crane said the policy ends up allowing illegal immigrants to avoid detention without any proof -- particularly so-called "dreamers," or those illegal immigrants who would benefit under the "DREAM Act" proposal, which Congress has not passed but the administration has partially implemented.

"Prosecutorial discretion for dreamers is solely based on the individual's claims. Our orders are if an alien says they went to high school, then let them go," he said at a press conference with GOP senators. "Officers have been told that there is no burden for the alien to prove anything. ... At this point we don't even know why DHS has criteria at all, as there is no requirement or burden to prove anything on the part of the alien.

"We believe that significant numbers of people who are not dreamers are taking advantage of this practice to avoid arrest," he said.

Read more: http://www.foxnews.com/politics/2012/07/26/ice-border-patrol-unions-claim-illegal-immigrants-exploiting-dreamer-policy/#ixzz21tLC0ezs

[Sa]

All the people who were cheering Sen Grassley for holding 3012 , he is coming after your favorite EAD scheme too. Just a question out of curiosity , Is there anything that prevents future administrations from using the data provided by these dream applicants to go after family members/parents ? Is there anything that prevents USCIS/DOS from using data from these applications to cross check any future applications by parents? Is USCIS going to collect data about parents at all? if not , why not?

http://thehill.com/blogs/blog-briefing-room/news/240639-grassley-open-to-legal-recourse-on-obama-immigration-policy

[gg]

SF needs a different kind of deferred action - FREE TOILETS

Officials said one of the main issues is the copious amounts of human excrement found in the escalator’s works, gumming up the wheels and gears. The bottom of BART’s stairwells often act as prime spots for the homeless to take shelter at night and in many cases, relieve themselves. Last month, work crews opened up the broken BART escalator at San Francisco’s Civic Center Station and found so much human waste that they had to call in a hazardous-materials team.

http://sanfrancisco.cbslocal.com/2012/07/26/phil-matier-human-waste-plagues-bart-escalators/

[Alan]

According to a leaked DHS document there will be a $465 fee -- likely I-765 ($380) + biometrics fee ($85). No charge for the deferred action adjudication. http://www.huffingtonpost.com/huff-wires/20120724/us-immigration-deportations-halted/

[Another Voice]

Some folks are just short sided if someone else gets in their way they cry foul good ole "is not fair".....

[Sa]

" They will probably not charge for the deferred action application itself since this would require a study and there is no time."

Why cant they take time and complete the study and do it right rather than rush these things without thought.

[Sa]

Its equally intellectual dishonest to say that 1.4 to 2.8 million applications can be processed by USCIS efficiently without causing processing time increase for all the pending applications.

[Sa]

"
A reminder that civility is a requirement for posting on this blog. No personal attacks please.
"

I guess that is what bothers lot of people in this immigration debate. People really don't like it when someone is present here illegally and they go waiving Mexican flags in the streets of LA demanding rights.

"Oh, wait, I have proof that you are not stupid, and you are just a run of a mill lier. Look at your first statement. You did not claim that EB3-I which are stuck are going to be processed longer. You started barking on EB2 ROW. So, you know. You just lie. Guess what, EB2 ROW could not care less about your lies. Case closed."

EB2 ROW was complaining about few months waits because of elimination of country quotas in employment. EB-India is screwed up with or without deluge of deferred action applications. EB2 ROW is the one that has to wait even though their dates are current because their finger prints cannot be scheduled until the 1.4 million finger prints are done . I can only imagine how long other applicants have to wait in states like CA and NY for finger prints. Most of the legal/illegal immigrants live in big states like these. Effect of this ill conceived EAD scheme will be similar to 245i . 245i scheme clogged the DOL for ages in approving labor certifications and they had to start backlog elimination centers for the same purpose.

I could care less if someone calls me names. It just reflects the culture and values of the lobby that supports the legalization/amnesty.

[Legal and no longer waiting]

Greg, sorry I have a short fuse for intentional intellectual dishonesty.

[Legal and no longer waiting]

"The deluge of 1.4 million applications will add at least 1 to 2 years of wait on top of the decade long wait."

Lier, lier, pants of fire!

[Greg Siskind]

A reminder that civility is a requirement for posting on this blog. No personal attacks please.

[Legal and no longer waiting]

Oh, wait, I have proof that you are not stupid, and you are just a run of a mill lier. Look at your first statement. You did not claim that EB3-I which are stuck are going to be processed longer. You started barking on EB2 ROW. So, you know. You just lie. Guess what, EB2 ROW could not care less about your lies. Case closed.

[Legal and no longer waiting]

Sa, you just keep on lying until all of your pants have burned?Or are you really THAT stupid?

You don't really understand that even if you have a hundred million applications sitting on a shelf waiting for a visa number, you still may have excess capacity to process applications that can be received, processed, and approved immediately? That one is not related to another in any way shape or form? Are you really an EB immigrant? This country has enough ignoramuses as it is.

[Sa]

"Sa, don't play stupid with me. If an I-130 cannot be approved for 20 years because the dates are not current for the category, it has nothing to do with the processing times. The same does for EB3-I I-485s filed in 2007.

Your statement is deliberately misleading, and you know it."

How does it matter , wait is a wait. The deluge of 1.4 million applications will add at least 1 to 2 years of wait on top of the decade long wait.

[Legal and no longer waiting]

"USCIS processes millions in a year with waiting times of months to years and decades in some cases"

Sa, don't play stupid with me. If an I-130 cannot be approved for 20 years because the dates are not current for the category, it has nothing to do with the processing times. The same does for EB3-I I-485s filed in 2007.

Your statement is deliberately misleading, and you know it.

[Sa]

"Second, I doubt there will be more a few hundred thousand."

Greg notes in the post that the number is around 1.4 million.

[Sa]

"First, the USCIS ALREADY processes millions of applications every year."

USCIS processes millions in a year with waiting times of months to years and decades in some cases. Adding millions more in a matter of few months will cause more delays for everyone.

[Legal and no longer waiting]

Sa, oh puh-leez. First, the USCIS ALREADY processes millions of applications every year. Second, I doubt there will be more a few hundred thousand.

But let not the facts stand in the way of your dirty goals, right?

[Sa]

Good , EB2 ROW will stay current but they will not get their 485s processed because of the waiting lines at

1. Data Entry at the lock box.
2. Scheduling of finger prints.
3. ASC staff to process the scheduled finger prints.
4. USCIS to process 485 applications.

Welcome to old days of 3 year processing time for 485s. Every aspect of USCIS functioning will be adversely affected by this decision and will result in increase of processing fees. USCIS cannot simply handle deluge of millions of applications.