Devang Shah, Deferred Action Attorney, Deferred Action Lawyer, Deferred Action Immigration

As a child of immigrants, who came to this great country, it has been my pleasure and honor to help other immigrants achieve the American Dream for the last 19 years of my practice. I look forward to helping you achieve the American Dream through "Deferred Action".

Please feel free to contact my firm to determine if you are eligible.

Devang Shah

- State of Maryland "Excellence in International Legal Service Award", 2012.

Devang Shah Award, Deferred Action Attorney, Deferred Action Lawyer, Deferred Action Immigration

"Devang M. Shah received the Maryland International Service Award for the efforts both he and his law firm have dedicated toward the practice of immigration law in helping, advancing and promoting the lives of immigrants to citizenship in the State of Maryland."

Devang Shah, Deferred Action Attorney, Deferred Action Lawyer, Deferred Action Immigration

- Devang M. Shah and Maryland Governor, Martin O’Malley.

FAQ: Frequently Asked Questions

-  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





About Deferred Action for Childhood Arrivals

1. What is deferred action?

2. What is deferred action for childhood arrivals?

3. If my removal is deferred pursuant to the consideration of deferred action for childhood arrivals process, am I eligible for employment authorization?

4. Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?

5. Do I accrue unlawful presence if I have a pending request for consideration of deferred action for childhood arrivals?

6. If my case is deferred, am I in lawful status for the period of deferral?

7. Does deferred action provide me with a path to permanent residence status or citizenship?

8. Will my immediate relatives or dependents be considered for deferred action for childhood arrivals?

9. Can I be considered for deferred action even if I do not meet the guidelines to be considered for deferred action for childhood arrivals?

10. Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes?

11. If my case is referred to ICE for immigration enforcement purposes or if I receive an NTA, will information related to my family members and guardians also be referred to ICE for immigration enforcement purposes?

12. Does this Administration remain committed to comprehensive immigration reform?

13. Is passage of the DREAM Act still necessary in light of the new process?

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Guidelines for Requesting Consideration of Deferred Action For Childhood Arrivals

1. What guidelines must I meet to be considered for deferred action for childhood arrivals?

2. How old must I be in order to be considered for deferred action under this process?

3. Does "currently in school" refer to the date on which the request for consideration of deferred action is filed?

4. Who is considered to be “currently in school” under the guidelines?

5. How do I establish that I am currently in school?

6. What documentation may be sufficient to demonstrate that I have graduated from high school?

7. What documentation may be sufficient to demonstrate that I have obtained a General Education Development (GED)?

8. If I am enrolled in a literacy or career training program, can I meet the guidelines?

9. If I am enrolled in an English as a Second Language (ESL) program, can I meet the guidelines?

10. Will USCIS consider circumstantial evidence that I have met the education guidelines?

11. If I am currently in school and USCIS defers action in my case, what will I have to demonstrate if I request that USCIS renew the deferral after two years?

12. Do brief departures from the United States interrupt the continuous residence requirement?

13. May I travel outside of the United States before USCIS has determined whether to defer action in my case?

14. 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?

15. 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?

16. What offenses qualify as a felony?

17. What offenses constitute a significant misdemeanor?

18. What offenses constitute a non-significant misdemeanor?

19. 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?

20. Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered felonies or misdemeanors for purpose of this process?

21. Will DHS consider my expunged or juvenile conviction as an offense making me unable to receive an exercise of prosecutorial discretion?

22. What qualifies as a national security or public safety threat?

23. 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)?

24. 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?

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Filing Process

1. How do I request consideration of deferred action for childhood arrivals?

2. Will USCIS conduct a background check when reviewing my request for consideration of deferred action for childhood arrivals?

3. What do background checks involve?

4. If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?

5. Can I obtain a fee waiver or fee exemption for this process?

6. Will there be supervisory review of decisions by USCIS under this process?

7. Can I appeal USCIS’s determination?

8. Can I extend the period of deferred action in my case?

9. If my period of deferred action is extended, will I need to re-apply for an extension of my employment authorization?

10. Will USCIS personnel responsible for reviewing requests for an exercise of prosecutorial discretion under this process receive special training?

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Evidence

Document list

1. May I file affidavits as proof that I meet the guidelines for consideration of deferred action for childhood arrivals?

2. Will USCIS consider circumstantial evidence that I have met certain guidelines?

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Cases in Other Immigration Processes

1. 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?

2. Can I request consideration of deferred action for childhood arrivals from USCIS if I am in immigration detention under the custody of ICE?

3. 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?

4. 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?

5. 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?

6. 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?

7. 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?

8. 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?

9. 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?

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Avoiding Scams and Preventing Fraud

1. Someone told me if I pay them a fee, they can expedite my deferred action for childhood arrivals request, is this true?

2. What steps will USCIS and ICE take if I engage in fraud through the new process?




Contact Us

Shah & Kishore
9201 Corporate Blvd.
Suite 330
Rockville, MD 20850

Tel: (301)-315-0001
Fax: (301)-315-0825

info@shahandkishore.com


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