USCIS can increase the use of deferred action for individuals already admitted to the U.S.  Deferred action is an exercise of prosecutorial discretion not to pursue removal from the U.S. of a particular individual for a specific period of time. A grant of deferred action does not confer any immigration status, nor does it convey or imply any waivers of inadmissibility that may exist.

Likewise, deferred action cannot be used to establish eligibility for any immigration benefit that requires maintenance of lawful status. Periods of time in deferred action do, however, qualify as periods of stay authorized by the Secretary of DHS for purposes of sections 212(a)(9)(8) and (C) of the Act, and may be extended indefinitely.

Individuals who have been granted deferred action may apply for employment authorization. Within DHS, USCIS, Immigration and Customs Enforcement and Customs and Border Protection all possess authority to grant deferred action.

Last modified on Monday, 02 August 2010 21:36