Got our approvals for EB green cards on July 25, 2008.
Apart from having some trouble in porting my PD to an earlier approved I 140, our case was handled very well. A very big "THANK YOU" to Mathew for all your help and guidance. You were great and very prompt in responding to all my queries.Also my thanks to Heather who did a great job in getting all my paper work together and responding to all my questions.
I had hired the offices of Rajiv Khanna for my GC process. I am happy to inform that I and my wife received our green cards in the mail last evening.
I wanted to thank Amrita,Rita and Bharathi from the bottom of my heart for all the hard work they put in for me during this long process. I specially like to thank Amrita who has patiently talked to me during numerous difficult times during these years. You all are a wonderful team and I am lucky to have had the representation of your firm for my green card process.
Many Many thanks again.
I'd like to thank from the bottom of my heart, Mr. Khanna and his staff Ms. Sheena Gill, for their prompt support and advise and attention to details in my I-140 RFE response and making it possible for me to get through it. I could not imagine how my case would have turned out, without their involvement and timely advise in my case.
Thanks again for all the support and making this happen.
My GC process was a good experience.
I got prompt service and people were caring. Suman Bhasin and team members did a good job answering all my questions throught the GC process. Mr. Rajiv Khanna too made himself available in his busy schedule once over the phone. Thank you everybody at Law Offices of Rajiv S. Khanna. I appreciate your help!
My pleasant experience in summary and in little detail.
Summary:
People at Law Offices of Rajiv S. Khanna are highly professional, very much detail oriented, easy to work with, very prompt and very nice people. They are always available and will stand up for you when required. This will be a very rare combination to find. They always prepare very convincing case and review the case in detail. I always believed that if my case is accepted by Mr. Rajiv, Mr. Mathew and Co, it will be very hard for anyone to reject the case.
Little in detail:
It all started in October 2005. My company asked me to find a lawyer to represent me for my GC process. I have a good friend/family that got GC thru immigration.com (Mr. Rajiv Khanna handled his case. My friend assured me that Mr. Rajiv would go above and beyond to meet client's needs.). He referred us to immigration.com. I sent a mail to immigration.com. Mr. Suman has contacted me. When my HR wanted to talk to a lawyer, he referred us to Mr. Mathew Chacko. Mr. Mathew explained the process in detail. He was very descriptive and communicated everything very well to us. He is always patience even during his busy days such as 2007 July-Aug crazy time when everything became current. I am fortunate enough to get quick e-mail replies every time. When I had thoughts about Consular Processing, he explained to me all about consular processing and why one should opt for it or should not opt for it. His review on my I-485 are very much helpful.
One of the most memorable moments is this: my wife attended an interview in a company and they had hesitation about hiring her without Green Card. They always thought that the company has to sponsor her GC at some point in time and they were not ready for it. I told them it is not the case since she is a derivative applicant in my GC. They were not ready to buy it. They wanted to talk to my lawyer. When I requested Mr. Mathew, he was ready to talk and convince them. I am not sure if all the lawyers would do this kind of stuff. Thank you very much Mr. Mathew.
Another important player during my GC process is Ms. Richa Narang. She has done an incredible job of completing my PERM application on time that once I thought would nearly be impossible. Considering that we started our process very late in my 5th year, it is highly remarkable. We completed 6 days before my 5th year expired. She went thru the documents over and over, and helped preparing a very convincing case. I am highly impressed with her patience and prompt replies. She is easy to work with. She always let me know what she was doing for my case and why it is done this way. That gives me an idea about what is really going on with my case.
This is in contast with my previous attorney in my previous company. Thank you Ms. Richa.
I have not worked directly with Mr. Rajiv Khanna. But my case manager Ms. Richa was working with him for my PERM. He is a REAL expert in what he does. Mr. Rajiv really built a very strong case for my PERM. His inputs are priceless. I attended his conference call during July/August 2007 when USCIS opened and closed the door briefly. It provided lot of valuable information to me and to lot of immigrants that were eagerly waiting to apply for I-485. It is really a great gesture towards the people that were waiting to apply for I-485 during that time.
Thank you Mr. Rajiv
Others that helped me are Ms. Mohana, Ms. Prena etc. They are all very nice and easy to work with. They made sure my case was built in a convincing manner.
I will definitely comeback to Law Offices of Rajiv S. Khanna for my future immigration needs.
I have referred two of my friends to Immigration.Com so far. They all like the service. Please feel free to contact me. I will be happy to answer any questions about my experience.
My wife received her Permanent Resident card today and mine was approved (and received GC card on August 5, 200 on July 28, 2008. I would like to thank Mathew , Prerna and Bharathi for all the timely answers and advices through the process. Mathew and Prerna were always accessible . I always felt that I am getting best service and I would recommend Mr. Khanna’s team to my friends who need help with GC / immigration.
Thank you
I and my wife received our green card in August 2008. We started the process in November 2005 with Rajiv Khanna as our attorney. He and his team have helped us at every point in the whole process and they were always there for us to help out. I must mention here that the paperwork done was been perfect and I had no RFE and this has substantially reduced the total time of the lengthy process. I found the team in his office in general very co-operative and prompt. Our special thanks and best regards to Heather Crump, Yvonne, Mark, Art and Leslie for making this happen.
Once again thanks to Rajiv and his team.
Got my LCA approved within a few months thanks to the untiring efforts of Mr. Vijay Durgam, my case manager and Mr. Rajiv Khanna. Thank you.
My husband and I got our green card approved this month. It was a long and tedious journey but I always felt confident about having Rajiv Khanna on my side. They are a very professional and efficient Law Firm. I always got replies to my million concerns. The paper work was filed perfectly and we never got any RFE'S. I have used Rajiv and his team for all my immigration work (H1B) and there is nothing but praise for them.
I would like to thank Mathew, Bharathi, Heather, Shubha, & Kumuda for all the help. I will always recommend them to anyone in the immigration process.
Best wishes for continued success.
Hi Rajeev, Vijay, Aruna , Prerna, Bharathi ,
Got Green Card last week(08/200. Although it was a long journey , all of you have made it a pleasant one. I always got a good support , help and information from you .It was flawless service. I highly recommend your services to all.
My wife and I recently got our citizenship case approved. Our case was a fairly complicated case because we were out of the country for 2 years after getting our GC and had returned since then. While every other lawyer we enquired they asked us to wait for 5 years since our return, immigration.com was able to sort our case and file for it much earlier using the 4yr - 1 day rule. I was amazed at the responsiveness from the team at immigration.com. Every time I had a question, they would respond within 24 hours or less and definitely understood the laws surrounding citizenship approval. My special thanks to Mr. Chacko and Mr. Art Shifflett who handled our cases.
You all are the best. I got my GC approved in 08/2008. I would like to thank everyone at your firm for all the help and support in this long journey. One thing that stands out compared other firms is your customer service. The staff at your firm are epitome of customer service. You guys rock. Keep up the good work.
I had applied for an L1-A for start-up in 2007 August. Rajiv and his staff put all their efforts to make sure that the petition was correct and all the required supportive documentation was there. L1-A was approved in a span of 4 days from application and I got it for a period of one year, which is the normal case, that the Law Office had notified well in advance. Though the responsibilities of Rajiv was over with that application, he put extra efforts in detailing out the steps required in the coming year before going for the renewal so that I will be able to get it renewed.
He told me that getting the first L1-A is relatively easier compared to the renewal where in they thoroughly scrutinize the documents. He also detailed each activities I should fulfill based on my application for going for the renewal in 2008. However, I had to wait for 3 months in Chennai to get the appointment for Visa stamping. So all I had was 9 months of working time to fulfill these steps.
I came to U.S in November 2007 and contacted Rajiv. He gave me an abridged list of key things to be done in 9 months for the renewal. I worked according to the plan and we started the L1-A renewal process in July 2008 end. Vikas from the L1 department was meticulous in preparing this application. He gave me a list of documents required and he put lot of time to go through each one of these documents, provide suggestions to make it better etc. Over a period of 4 weeks work, we had a comprehensive petition in place.
The Law Offices of Rajiv send the petition on 21st August. It reached the USCIS on August 22nd 2008. They started processing on 25th August since 23&24 was Sat & Sunday. My renewal was approved on 25th August itself and the approval notice was sent on the very same day. Notice of Action (I-797) and (I-94) reached the Law Office on the next day, August 26th itself. It was unbelievably fast because the petition application was done perfectly.
What more do you want from an immigration attorney; he delivers what he says plus he takes the right steps to guide you to the next step. And can you believe, he is already advising me on the next steps to be taken in business path. I vouch for Rajivji and his staff and I recommend them for anybody who want to go to the best attorney in Immigration. Thanks once again Rajivji, Anna & Vikas for making this possible.
We are delighted to share that my wife and me both got the green card in the mail.
Once again thanks a zillion times from bottom of our hearts for Rajiv and his teams support and help during this long and painful process.Initially our case was handled by various other team members but lately our case was assigned to Mathew and Rita.I would like to sincerely thank Mathew,Rita and Pramita (our earlier case manager) for their support and help.All the team members were professional, courteous,prompt,patiently answered all our questions and helpful which makes ton of a difference.We didn't get an even single RFE.
May god bless you all for doing such an excellent job.Keep up the good work.
Our case was filed in August 2004 in EB2 category.Later it was transferred to Dallas BackLog Center.After 3 years in 2007 our first stage(Labor) was approved and just in time for July'07 fiasco filing.Rajiv asked us to be prepare with all the documentation for 140&485 concurrent filing during turmoil period.There was lot of uncertainty, chaos due to July/August 2007 Visa Bulletin.During that crisis time Rajiv and his team not only guided us very well but also came up with an innovative idea of opening up a new web site exclusively for their customers to share the information and to answers all our concerns. Rajiv and his team is very particular and prompt in answering all the questions via above mentioned web site.It provided lot of update and information about how the team was handling such crisis situations and also helped us better understanding the BIG picture.
Based on our personal experience for the past 4 years+ I would highly recommend Rajiv and his team for any immigration needs.
I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity.
My employer is threatening to withdraw GC files processing unless I work with them till I get my GC.
Qo1. Is that possible for them to withdraw like that?
Qo2. Does that affect my GC process in negative way?
Qo3. What I have to do in case they withdraw?
Qo4. Is it possible to re-start the whole GC process again in case?
Qo5. By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?
Qo6. How do we know whether they have withdrawn GC process or not?
Ans1. They can withdraw the 140. That is their petition, but they cannot withdraw the I-485. That is your petition. If they withdraw the I-140 you can still take recourse to AC21 and not suffer any negative consequences.
Ans2. If you are covered by AC21, you should be fine.
Ans3. File AC21 letter as soon as possible.
Ans4. Sure .
Ans5. See this link: http://www.immigrationportal.com/blog.php?b=25
Q1. How soon can I leave my petitioning employer once I get my green card approval?
Q2. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
Q3. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A1. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits.
We got an approval for a L1 to H1 with an I-94 effective Oct 1, 2008. But the candidate got an admission for a one year full time MBA program which he wants to pursue and join us in August 2009. His MBA program is starting in September 2008. So, he will be applying for his F1 status soon.
Qo1. What choices do we have to keep the H1 approval valid so that he can join us in August 2009 ?
USCIS online resource offering the 100 civics test questions and answers for the naturalization test in English, Arabic, Chinese, Korean, Spanish, Tagalog, and Vietnamese.
Please click here to view questions and answers.
The Chicago National Processing Center (CNPC) has a new address. Beginning on August 2, 2012, please direct your hard copy filings for the D-1, H-2A and H-2B programs to the CNPC's new addresses provided below. Please note that the CNPC move does not affect the electronic filing of LCAs but any employer with permission to file by hard copy should direct its LCA filing(s) to the new address.
Please also remember to direct your payments of H-2A labor certification fees to the new P.O. Box address (also listed below).
USCIS to begin accepting requests for consideration of deferred action on August 15, 2012
released Aug. 3, 2012
WASHINGTON—The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.
Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.
You may request consideration of deferred action for childhood arrivals if you:
Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012. Please do not file before August 15. If you file early, your request will be rejected. Individuals can call USCIS at 1-800-375-5283 begin_of_the_skype_highlighting FREE 1-800-375-5283 end_of_the_skype_highlighting with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.
About Deferred Action for Childhood Arrivals
Guidelines for Requesting Consideration of Deferred Action For Childhood Arrivals
Filing Process
Evidence
Cases in Other Immigration Processes
Avoiding Scams and Preventing Fraud
What is deferred action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion.
What is deferred action for childhood arrivals?
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.
Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum.
If my removal is deferred pursuant to the consideration of deferred action for childhood arrivals process, am I eligible for employment authorization?
Yes. Pursuant to existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.
Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?
This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit your request to USCIS – not ICE – pursuant to the procedures outlined below. If you are currently in immigration detention and believe you meet the guidelines you should not request consideration of deferred action from USCIS but should identify yourself to your detention officer or contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 begin_of_the_skype_highlighting FREE 1-888-351-4024 end_of_the_skype_highlighting (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
Do I accrue unlawful presence if I have a pending request for consideration of deferred action for childhood arrivals?
You will continue to accrue unlawful presence while the request for consideration of deferred action for childhood arrivals is pending, unless you are under 18 years old at the time of the request. If you are under 18 years old at the time you submit your request but turn 18 while your request is pending with USCIS, you will not accrue unlawful presence while the request pending. If your case is deferred, you will not accrue unlawful presence during the period of deferred action. Having action deferred on your case will not excuse previously accrued unlawful presence.
If my case is deferred, am I in lawful status for the period of deferral?
No. Although action on your case has been deferred and you do not accrue unlawful presence during the period of deferred action, deferred action does not confer any lawful status.
There is a significant difference between “unlawful presence” and “unlawful status.” Unlawful presence refers to a period an individual is present in the United States (1) without being admitted or paroled or (2) after the expiration of a period of stay authorized by the Department of Homeland Security (such as after the period of stay authorized by a visa has expired). Unlawful presence is relevant only with respect to determining whether the inadmissibility bars for unlawful presence, set forth in the Immigration and Nationality Act at Section 212(a)(9), apply to an individual if he or she departs the United States and subsequently seeks to re-enter. (These unlawful presence bars are commonly known as the 3- and 10-Year Bars.)
The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. Because you lack lawful status at the time DHS defers action in your case you remain subject to all legal restrictions and prohibitions on individuals in unlawful status.
Does deferred action provide me with a path to permanent residence status or citizenship?
No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
Will my immediate relatives or dependents be considered for deferred action for childhood arrivals?
No. The new process is open only to those who satisfy the guidelines. As such, immediate relatives, including dependents of individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process, may not be considered for deferred action as part of this process unless they independently satisfy the guidelines.
Can I be considered for deferred action even if I do not meet the guidelines to be considered for deferred action for childhood arrivals?
This process is only for individuals who meet the specific guidelines announced by the Secretary. Other individuals may, on a case-by-case basis, request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice.
Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes?
Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA). Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor.
This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.
Does this Administration remain committed to comprehensive immigration reform?
Yes. The Administration has consistently pressed for passage of comprehensive immigration reform, including the DREAM Act, because the President believes these steps are critical to building a 21st century immigration system that meets our nation’s economic and security needs.
Is passage of the DREAM Act still necessary in light of the new process?
Yes.The Secretary’s June 15th memorandum allowing certain people to request consideration for deferred action is the most recent in a series of steps that DHS has taken to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety. Deferred action does not provide lawful status or a pathway to citizenship. As the President has stated, individuals who would qualify for the DREAM Act deserve certainty about their status. Only the Congress, acting through its legislative authority, can confer the certainty that comes with a pathway to permanent lawful status.
What guidelines must I meet to be considered for deferred action for childhood arrivals?
Pursuant to the Secretary’s June 15, 2012 memorandum, in order to be considered for deferred action for childhood arrivals, you must submit evidence, including support documents, showing that you:
These guidelines must be met for consideration of deferred action for childhood arrivals. USCIS retains the ultimate discretion on whether deferred action is appropriate in any given case.
How old must I be in order to be considered for deferred action under this process?
Does “currently in school” refer to the date on which the request for consideration of deferred action is filed?
To be considered “currently in school” under the guidelines, you must be enrolled in school on the date you submit a request for consideration of deferred action under this process.
Do brief departures from the United States interrupt the continuous residence requirement?
A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:
May I travel outside of the United States before USCIS has determined whether to defer action in my case?
No. After August 15, 2012, if you travel outside of the United States, you will not be considered for deferred action under this process. If USCIS defers action in your case, you will be permitted to travel outside of the United States only if you apply for and receive advance parole from USCIS.
Any travel outside of the United States that occurred before August 15, 2012, will be assessed by USCIS to determine whether the travel qualifies as brief, casual and innocent (see above).
Note: If you are in unlawful status and/or are currently in removal proceedings, and you leave the United States without a grant of advance parole, you will be deemed to have removed yourself and will be subject to any applicable grounds of inadmissibility if you seek to return.
Travel Guidelines
Travel Dates | Type of Travel | Does it Affect Continuous Residence |
---|---|---|
Before August 15, 2012 |
|
No |
|
Yes | |
After August 15, 2012 and before you have requested deferred action |
|
Yes. Yes. You cannot travel while your request is under review. |
After August 15, 2012 and after you have requested deferred action |
|
If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?
Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes. You may not apply for advance parole unless and until USCIS defers action in your case pursuant to the consideration of deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis.
If I have a conviction for a felony offense, a significant misdemeanor offense, or multiple misdemeanors, can I receive an exercise of prosecutorial discretion under this new process?
No. If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, you will not be considered for deferred action under the new process except where DHS determines there are exceptional circumstances.
What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
What offenses constitute a significant misdemeanor?
For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:
The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of three months or less.
What offenses constitute a non-significant misdemeanor?
For purposes of this process, a non-significant misdemeanor is any misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:
The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE. Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion.
If I have a minor traffic offense, such as driving without a license, will it be considered a non-significant misdemeanor that counts towards the “three or more non-significant misdemeanors” making me unable to receive consideration for an exercise of prosecutorial discretion under this new process?
A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion.
It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed.
Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered felonies or misdemeanors for purpose of this process?
No. Immigration-related offenses characterized as felonies or misdemeanors by state immigration laws will not be treated as disqualifying felonies or misdemeanors for the purpose of considering a request for consideration of deferred action pursuant to this process.
Will DHS consider my expunged or juvenile conviction as an offense making me unable to receive an exercise of prosecutorial discretion?
Expunged convictions and juvenile convictions will not automatically disqualify you. Your request will be assessed on a case-by-case basis to determine whether, under the particular circumstances, a favorable exercise of prosecutorial discretion is warranted. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action for childhood arrivals process.
What qualifies as a national security or public safety threat?
If the background check or other information uncovered during the review of your request for deferred action indicates that your presence in the United States threatens public safety or national security, you will not be able to receive consideration for an exercise of prosecutorial discretion except where DHS determines there are exceptional circumstances. Indicators that you pose such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States.
Can I request consideration of deferred action for childhood arrivals under this process if I am currently in a nonimmigrant status (e.g. F-1, E-2, H-4) or have Temporary Protected Status (TPS)?
No. You can only request consideration of deferred action for childhood arrivals under this process if you currently have no immigration status and were not in any lawful status on June 15, 2012.
If I am not in removal proceedings but believe I meet the guidelines for an exercise of deferred action under this process, should I seek to place myself into removal proceedings through encounters with CBP or ICE?
No. If you are not in removal proceedings but believe that you meet the guidelines you should submit your request for consideration of deferred action for childhood arrivals to USCIS under the process outlined below.
How do I request consideration of deferred action for childhood arrivals?
Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action to USCIS through a form, along with a form requesting an employment authorization document. The total fees will be $465. USCIS is still developing the forms and will be submitting them to the Office of Management and Budget (OMB) for review. Pending OMB clearance, the forms and instructions will be available on the USCIS website on August 15, 2012. Do not submit any request to USCIS before these forms are available. All requests received before August 15, 2012, will be rejected.
Note: All individuals meeting the guidelines, including those in removal proceedings, with a final removal order, or with a voluntary departure order (and not in immigration detention), will affirmatively request consideration of deferred action for childhood arrivals from USCIS through this process. Individuals who are currently detained and believe they meet the guidelines should not request deferred action from USCIS but should identify themselves to their detention officer.
Will USCIS conduct a background check when reviewing my request for consideration of deferred action for childhood arrivals?
Yes. You must undergo biographic and biometric background checks before USCIS will consider whether to exercise prosecutorial discretion under the consideration of deferred action for childhood arrivals process. If you have been convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, you will not be considered for deferred action for childhood arrivals except where DHS determines there are exceptional circumstances.
What do background checks involve?
Background checks involve checking biographic and biometric information provided by the individuals against a variety of databases maintained by DHS and other federal government agencies.
If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?
If you have submitted a request for consideration of deferred action for childhood arrivals and USCIS decides not to defer action in your case, USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances. For more detailed information on the applicable NTA policy visit www.uscis.gov/NTA. If after a review of the totality of circumstances USCIS determines to defer action in your case, USCIS will likewise exercise its discretion and will not issue you a Notice to Appear.
Can I obtain a fee waiver or fee exemption for this process?
There are no fee waivers available for employment authorization applications connected to the deferred action for childhood arrivals process. There are very limited fee exemptions available. Requests for fee exemptions must be filed and favorably adjudicated before an individual files his/her request for consideration of deferred action for childhood arrivals without a fee. In order to be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet one of the following conditions:
Beginning August 15, 2012 additional information on how to make your request for a fee exemption will be available on www.uscis.gov/childhoodarrivals. Your request must be submitted and decided before you submit a request for consideration of deferred action for childhood arrivals without a fee. In order to be considered for a fee exemption, you must provide documentary evidence to demonstrate that you meet any of the above conditions at the time that you make the request. For evidence USCIS will:
Will there be supervisory review of decisions by USCIS under this process?
Yes. USCIS will implement a supervisory review process in all four Service Centers to ensure a consistent process for considering requests for deferred action for childhood arrivals. USCIS will require officers to elevate for supervisory review those cases that involve certain factors.
Can I appeal USCIS’s determination?
No. You cannot file a motion to reopen or reconsider, and cannot appeal the decision if USCIS denies your request for consideration of deferred action for childhood arrivals. USCIS will not review its discretionary determinations. You may request a review using the Service Request Management Tool (SRMT) process if you met all of the process guidelines and you believe that your request was denied due to one of the following errors:
Can I extend the period of deferred action in my case?
Yes. Unless terminated, individuals whose case is deferred pursuant to the consideration of deferred action for childhood arrivals process will not be placed into removal proceedings or removed from the United States for a period of two years. You may request consideration for an extension of that period of deferred action. As long as you were not above the age of 30 on June 15, 2012, you may request a renewal after turning 31. Your request for an extension will be considered on a case-by-case basis.
If my period of deferred action is extended, will I need to re-apply for an extension of my employment authorization?
Yes. If USCIS decides to defer action for additional periods beyond the initial two years, you must also have requested an extension of your employment authorization.
Will USCIS personnel responsible for reviewing requests for an exercise of prosecutorial discretion under this process receive special training?
Yes. USCIS personnel responsible for considering requests for consideration of deferred action for childhood arrivals will receive special training.
What documentation may be sufficient to demonstrate that I came to the United States before the age of 16?
Documentation sufficient for you to demonstrate that you came to the United States before the age of 16 may include, but is not limited to: financial records, medical records, school records, employment records, and military records. Additional information about what documentation you can submit will be provided on the USCIS website on August 15, 2012.
What documentation may be sufficient to demonstrate that I have resided in the United States for a least five years preceding June 15, 2012?
Documentation sufficient for you to demonstrate that you have resided in the United States for at five years immediately preceding June 15, 2012, may include, but is not limited to: financial records, medical records, school records, employment records, and military records. Additional information about what documentation you can submit will be provided on the USCIS website on August 15, 2012.
What documentation may be sufficient to demonstrate that I was physically present in the United States as of June 15, 2012?
Documentation sufficient for you to demonstrate that you were physically present on June 15, 2012, the date the memorandum was issued, may include, but is not limited to: financial records, medical records, school records, employment records, and military records. Additional information about what documentation you can submit will be provided on the USCIS website on August 15, 2012.
What documentation may be sufficient to demonstrate that I am currently in school, have graduated from high school, or have obtained a general education development certificate (GED)?
Documentation sufficient for you to demonstrate that you are currently in school, have graduated from high school, or have obtained a GED certificate may include, but is not limited to: diplomas, GED certificates, report cards, and school transcripts. Additional information about what documentation you can submit will be provided on the USCIS website on August 15, 2012.
What documentation may be sufficient to demonstrate that I am an honorably discharged veteran of the Coast Guard or Armed Forces of the United States?
Documentation sufficient for you to demonstrate that you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States may include, but is not limited to: report of separation forms, military personnel records, and military health records. Additional information about what documentation you can submit will be provided on the USCIS website on August 15, 2012.
May I file affidavits as proof that I meet the guidelines for consideration of deferred action for childhood arrivals?
Affidavits generally will not be sufficient on their own to demonstrate that you meet the guidelines for USCIS to consider you for deferred action for childhood arrivals.
However, affidavits may be used to support meeting the following guidelines only if the documentary evidence available to you is insufficient or lacking:
If you submit affidavits related to the above criteria, you must submit two or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances. Should USCIS determine that the affidavits are insufficient to overcome the unavailability or the lack of documentary evidence with respect to either of these guidelines, it will issue a Request for Evidence, indicating that further evidence must be submitted to demonstrate that you meet these guidelines.
USCIS will not accept affidavits as proof of satisfying the following guidelines:
If the only evidence you submit to demonstrate you meet any of the above guidelines is an affidavit, USCIS will issue a Request for Evidence, indicating that you have not demonstrated that you meet these guidelines and that you must do so in order to demonstrate that you meet that guideline.
Will USCIS consider circumstantial evidence that I have met certain guidelines?
Circumstantial evidence may be used to establish the following guidelines and factual showings if available documentary evidence is insufficient or lacking and shows that:
However, USCIS will not accept circumstantial evidence as proof of any of the following guidelines to demonstrate that you:
For example, if you do not have documentary proof of your presence in the United States on June 15, 2012, you may nevertheless be able to satisfy the guideline circumstantially by submitting credible documentary evidence that you were present in the United States shortly before and shortly after June 15, 2012, which under the facts presented may give rise to an inference of your presence on June 15, 2012 as well. However, circumstantial evidence will not be accepted to establish that you have graduated high school. You must submit direct documentary evidence to satisfy that you meet this guideline.
Will I be considered to be in unlawful status if I had an application for asylum or cancellation of removal pending before either USCIS or the Executive Office for Immigration Review (EOIR) on June 15, 2012?
Yes. If you had an application for asylum or cancellation of removal, or similar relief, pending before either USCIS or EOIR as of June 15, 2012, but had no lawful status, you may request consideration of deferred action for childhood arrivals.
Can I request consideration of deferred action for childhood arrivals from USCIS if I am in immigration detention under the custody of ICE?
No. If you are currently in immigration detention, you may not request consideration of deferred action for childhood arrivals from USCIS. If you think you may meet the guidelines of this process, you should identify yourself to your detention officer or contact the ICE Office of the Public Advocate so that ICE may review your case. The ICE Office of the Public Advocate can be reached through the Office’s hotline at 1-888-351-4024 begin_of_the_skype_highlighting FREE 1-888-351-4024 end_of_the_skype_highlighting (staffed 9 a.mm – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov
If I am about to be removed by ICE and believe that I meet the guidelines for consideration of deferred action for childhood arrivals, what steps should I take to seek review of your case before removal?
If you believe you can demonstrate that you meet the guidelines and are about to be removed, you should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 begin_of_the_skype_highlighting FREE 1-855-448-6903 end_of_the_skype_highlighting (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 begin_of_the_skype_highlighting FREE 1-888-351-4024 end_of_the_skype_highlighting (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
If individuals meet the guidelines for consideration of deferred action for childhood arrivals and are encountered by Customs and Border Protection (CBP) or ICE, will they be placed into removal proceedings?
This policy is intended to allow CBP and ICE to focus on priority cases. Pursuant to the direction of the Secretary of Homeland Security, if an individual meets the guidelines of this process, CBP or ICE should exercise their discretion on a case-by-case basis to prevent qualifying individuals from being apprehended, placed into removal proceedings, or removed. If individuals believe that, in light of this policy, they should not have been placed into removal proceedings, contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 begin_of_the_skype_highlighting FREE 1-855-448-6903 end_of_the_skype_highlighting (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 begin_of_the_skype_highlighting FREE 1-888-351-4024 end_of_the_skype_highlighting (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
If I accepted an offer of administrative closure under the case-by-case review process or my case was terminated as part of the case-by-case review process, can I be considered for deferred action under this process?
Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of deferred action for childhood arrivals even if you have accepted an offer of administrative closure or termination under the case-by-case review process. If you are in removal proceedings and have already been identified as meeting the guidelines and warranting discretion as part of ICE’s case-by-case review, ICE already has offered you deferred action for a period of two years, subject to renewal.
If I declined an offer of administrative closure under the case-by-case review process, can I be considered for deferred action under this process?
Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of deferred action for childhood arrivals from USCIS even if you declined an offer of administrative closure under the case-by-case review process.
If my case was reviewed as part of the case-by-case review process but I was not offered administrative closure, can I be considered for deferred action under this process?
Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of deferred action for childhood arrivals from USCIS even if you were not offered administrative closure following review of you case as part of the case-by-case review process.
How will ICE and USCIS handle cases involving individuals who do not satisfy the guidelines of this process but believe they may warrant an exercise of prosecutorial discretion under the June 2011 Prosecutorial Discretion Memoranda?
If USCIS determines that you do not satisfy the guidelines or otherwise determines you do not warrant an exercise of prosecutorial discretion, then it will decline to defer action in your case. If you are currently in removal proceedings, have a final order, or have a voluntary departure order, you may then request ICE consider whether to exercise prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion Memoranda through any of the established channels at ICE, including through a request to the ICE Office of the Public Advocate or to the local Field Office Director. USCIS will not consider requests for review under the ICE June 2011 Prosecutorial Discretion Memoranda.
What should I do if I meet the guidelines of this process and have been issued an ICE detainer following an arrest by a state or local law enforcement officer?
If you meet the guidelines and have been served a detainer, you should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 begin_of_the_skype_highlighting FREE 1-855-448-6903 end_of_the_skype_highlighting (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate either through the Office’s hotline at 1-888-351-4024 begin_of_the_skype_highlighting FREE 1-888-351-4024 end_of_the_skype_highlighting (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.
Someone told me if I pay them a fee, they can expedite my deferred action for childhood arrivals request, is this true?
No. There is no expedited processing for deferred action. Dishonest practitioners may promise to provide you with faster services if you pay them a fee. These people are trying to scam you and take your money. Visit our Avoid Scams page to learn how you can protect yourself from immigration scams.
Make sure you seek information about requests for consideration of deferred action for childhood arrivals from official government sources such as USCIS or the Department of Homeland Security. If you are seeking legal advice, visit our Find Legal Services page to learn how to choose a licensed attorney or accredited representative.
What steps will USCIS and ICE take if I engage in fraud through the new process?
If you knowingly make a misrepresentation, or knowingly fail to disclose facts, in an effort to have your case deferred or obtain work authorization through this new process, you will be treated as an immigration enforcement priority to the fullest extent permitted by law, and be subject to criminal prosecution and/or removal from the United States.
USCIS flowchart providing guidelines for potential applicants to determine if they meet the criteria for requesting Deferred Action for Childhood arrivals. A broad overview of the filing process is also provided.
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