The USCIS has posted a very informative News Release entitled “Consideration of Deferred Action for Childhood Arrivals Process.”

Anyone thinking of applying for Deferred Action under this program should familiarize themselves with the detailed information provided.  There has been a great deal of online chatter  regarding whether or not an immigration attorney should be retained to assist with the process.  This is not a black and white area and, in my opinion, the answer would depend on several factors such as:  (1) the applicant’s risk-tolerance level, (2) if there are any obvious factors that could lead to a denial of the application, and (3) the applicant’s understanding of the requirements and ability to properly collect and submit the required documentation.

At the very least, I would suggest scheduling a consultation with a qualified immigration lawyer prior to applying, especially if there are issues that are unclear to you.  There are also community service organizations that may be able to answer questions and assist with the completion and/or filing of your application.  It may be worth the investment to do it once and do it right.

Please read the USCIS guidance on avoiding scams related to Deferred Action as well as other immigration matters.

(Added on 8/13/12): After delving in further into Deferred Action for Childhood Arrivals, we learned that although Motions to Reopen or Appeals will not be permitted in most circumstances, one will be allowed to refile without prejudice should an application be denied.  This is very helpful in situations where an application is denied on a technicality that can be remedied before refiling.

Many individuals and organizations have worked very hard to get Washington to reform our broken immigration system and this is a good first step in that direction.

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Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

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