What do I do before applying for Deferred Action?

To have your best chance at being granted deferred action and to have your application filed as quickly as possible, there are certain specific steps you can take before filing. Speaking with a highly-qualified San Jose immigration lawyer from the Law Offices of Daniel Shanfield can help facilitate the entire process.

Before the application process begins, the following measures can make it much easier.

Gather the necessary documentation
You will need to provide evidence you entered the U.S. before you turned 16 years old, that you lived in the U.S. continually for no less than 5 years prior to June 15, 2012, and that you were physically present in the U.S. on that date.

Review Your Other Immigration Paperwork with an Attorney
To make certain all your information included in your deferred action request is consistent, take a look at all other application forms for immigration benefits you submitted which require you to demonstrate your continuous residence or physical presence in the country.

Obtain Police Reports
Collect a copy of all police reports and records of disposition of any criminal charges against you, including any juvenile adjudication, regardless of how minor or how long ago it was. Review your criminal history with your attorney prior to submitting any application for deferred action.

Speak with Your Attorney if in Removal Proceedings
If you are in the midst of removal proceedings you need to speak with an attorney immediately to determine if you are eligible for deferred action, no matter how old you are.

Counter a Final Order of Removal with a Motion to Reopen
If you have just received a final order of removal and are still within the statutory time frame for seeking a reopening of your case with an Immigration Judge (that is, within 90 days of the entry of a final removal order), discuss this with your attorney to decide whether to file a motion to reopen given the new deferred action policy.

Consider a Motion to Reopen for Voluntary Departure
If an Immigration Judge has issued you a voluntary departure, review this with an attorney and decide if you should remain in the U.S. while the deferred action policy is developed and implemented, and whether to file a motion to reopen to withdraw a request for voluntary departure before your departure dates.

Do not Travel Outside the U.S. Until Formally Permitted to do so
If you are thinking about applying for deferred action, remain stateside until the Department of Homeland Security decides you are allowed to.