New USCIS Fee Increase Effective April 1st, 2024

The Biden administration recently announced that a significant USCIS fee increase will take place beginning April 1, 2024. Please see the table below for further details.

This is the first significant USCIS fee increase since 2016. It is designed to address the financial and operational challenges that USCIS has recently faced due to increased asylum claims and agency backlogs, among other factors. The new prices go into effect April 1, 2024. Applications postmarked after April 1st will be subject to the new fees.

USCIS will use the postmark date of filing to determine which form version and fees apply. However, they will use the received date to determine any regulatory or statutory filing deadlines. The fee increase applies to most forms, making it more expensive to file many employment-based and family-based immigration applications. Considering these changes, we strongly suggest that you submit your complete application before April 1, 2024.

Key updates you should be aware of:

• USCIS will only accept applications or petitions with the new filing fees after April 1, 2024.
• A $50 discount for filing an application online if online filing is available.
• Separate filing fees for work authorization and travel documents when filed with a green card application.
• New fee exemptions for certain categories, including Special Immigrant Juveniles, victims of human trafficking, U.S. military service members, and families pursuing international adoption.
• Expansion of a reduced fee for naturalization applications for individuals who can demonstrate their household income is less than or equal to 400% of the Federal Poverty Guidelines.

• Biometric fees will no longer be charged separately (except for TPS- and EOIR-filed applications).
• Fee discounts for nonprofit organizations, small business employers, and specific applicant groups.
• A new Asylum Program Fee required for employers filing either a Form I-129, Form I-129CW, or Form I-140.
• A change to how fast USCIS must process premium processing applications from calendar days to business days.
• Effective April 1^st, USCIS will also be releasing several new versions of their forms.

This is a partial list of forms. For a complete list of forms and fee changes, please refer to the Federal Register.

Immigration Benefit	Current Fee	New Fee (April 2024)	Fee Increase
I-130 Fiancé Visa	$535	$675	$140
I-130/CR-1 Spousal Visa	$535	$675	$140
Adjustment of Status (Form I-485) without Work or Travel Permits	$1,225	$1,440	$215
Adjustment of Status Form I-765 Work Permit (Optional)	$0 when filed with an Adjustment of Status	$260 when filed with an Adjustment of Status	$260
Adjustment of Status Form I-131 Travel Permit (Optional)	$0 when filed with an Adjustment of Status	$630	$630
Adjustment of Status with Form I-130 + Work and Travel Permits	$1,760	$3,005	$1,245

EMPLOYMENT-BASED FEE CHANGES

Immigration/Visa Benefit	Current Fee	New Fee	Fee Increase
Form I-129 (Petition for a Nonimmigrant Worker): H-1 Classification	$460	$780	$320
Form I-129 (Petition for a Nonimmigrant Worker): H-2A Classification	$460	$1,090	$630
Form I-129 (Petition for a Nonimmigrant Worker): H-2B Classification	$460	$1,080	$620
Form I-129 (Petition for a Nonimmigrant Worker): L Classification	$460	$1,385	$925
Form I-129 (Petition for a Nonimmigrant Worker): O Classification	$460	$1,055	$595
Form I-140 (Immigrant Petition for Alien Worker)	$700	$715	$15
Form I-907 (Request for Premium Processing)	$2,500	$2,805	$305

This blog is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this information without seeking the advice of a competent, licensed immigration attorney.

We are closely monitoring the situation and encourage you to contact us at Bustos Law Firm with specific questions.

Obama Administration Implements Common Sense Change in Immigration Law

After months of waiting, the final rule on the provisional waiver was published in the Federal Register last week on January 3, 2013, and it will become effective on March 4, 2013. The “Provisional Unlawful Presence Waiver of Inadmissibility for Certain Immediate Relatives” rule, often referred to as the new family unity rule, allows immediate relatives  of U.S. citizens, who entered the country without permission, to apply for a waiver of their unlawful entry while still in the United States.  DHS initially proposed the change in procedure last April, as a solution to a growing problem—families were facing months, and in some cases, years of separation because of two conflicting provisions of U.S. immigration law.

BACKGROUND – Under the Immigration and Nationality Act (INA), a person seeking to get a green card must first be admitted or paroled into the country, if they wish to have their case decided in the U.S. If they entered the country unlawfully, however, they are deemed inadmissible and the law requires them to go to a U.S. embassy or consulate abroad for processing of their visa application, and to get a waiver for their unlawful presence, before they can return to the United States.

People are deemed inadmissible if they are “unlawfully present” in the U.S. for six months after April 1, 1997, subsequently leave the U.S., and then seek admission by applying for an immigrant or nonimmigrant visa from abroad. Such persons are subject to a three year bar to re-entering the country, which requires the unlawful presence waiver, before they can return to the U.S. The bar to reentering the country is ten years if they were unlawfully present for one year or more after April 1, 1997.

Under past practice, an individual applied for their unlawful presence waiver with U.S. Citizenship and Immigration Services (USCIS), only after having been found inadmissible by a consular official abroad.  This process was generally time consuming, inefficient, and often costly, particularly because it lengthened the amount of time families were apart by several months, and even years, while USCIS made a decision on the waiver — and, of course, sometimes these waivers are not approved at all, and people become permanently separated from their families in the United States. As a result, many couples who need this waiver have chosen to lay low in the United States, rather than go through the waiver process abroad and risk facing the ten year ban.

NEW PROCESS – Under the new provisional waiver process, eligible immigrants will now be able to apply for their waivers in the United States (only as to certain unlawful presence inadmissibility grounds), and if approved, they will receive their waiver before leaving the United States. Having the waiver in hand, before leaving the United States, will allow immigrants to depart the United States for the green card process, knowing they will almost certainly be allowed to return home to the United States to be with their families. In other good news, USCIS is also seeking to cut down on the amount of time immigrants will have to wait abroad to pick up their green card….from the current wait time of several months, to a much more manageable wait time of about two weeks.

ELIGIBILITY – In order to be eligible to apply for the new provisional waiver, the applicant must be:

• An immediate relative of a U.S. Citizen (spouse, child, parent);
  The beneficiary of an approved immediate relative petition ( Form I-130);
  17 years of age, or older;
• Upon departure from the U.S. – will be subject to the unlawful presence ground of inadmissibility only. (If additional waivers for other grounds of inadmissibility are required, the applicant will not be eligible to use the provisional waiver process);
• Present in the U.S. at the time of filing the application for the provisional waiver and for biometrics collection at a USCIS Application Support Center;
• Has a case pending with the Department of State (DOS), based on the approved immediate relative petition, and has paid the immigrant visa processing fee; and
• Show extreme hardship to their U.S. citizen spouse or parent, if the applicant cannot return to the United States, or if they have to relocate outside the U.S. to be with the applicant.“Extreme hardship” is vaguely defined as greater than the normal hardship a qualifying relative can be expected to experience if the immigrant is denied admission. It is important to prove BOTH why the qualifying relative cannot move abroad AND why the qualifying relative cannot simply live in the US without the Alien. It is not enough to merely assert that the qualifying relative will miss the immigrant’s company, as this is considered a “normal” hardship, not extreme hardship.

Arguments for Extreme Hardship in the United States

Some of the more common arguments for extreme hardship when your relative remains in the United States include, but are not limited to:

• Your relative has a medical condition and depends on you for care.
• Your relative is financially dependent on you and you will not be able to provide adequate support from abroad.
• Your relative has financial debts in the United States and cannot pay them without your support.
• Your relative has a sick family member and will be unable to care for that person without your support.
• You are the caregiver for your relative’s children and he or she cannot afford childcare in your absence.
• Your relative is experiencing clinical depression as a result of your immigration situation.

 Arguments for Extreme Hardship Abroad

Some of the more common arguments for extreme hardship when your relative accompanies you to your home country include, but are not limited to:

• Your home country is in or on the verge of war and/or political upheaval.
• Your relative has a serious medical condition that cannot be adequately treated in your home country.
• Your relative will be discriminated against in your home country.
• Your relative does not know the language of your home country.
• Your relative is a primary caretaker for a sick family member in the United States.
• Your relative will be unable to secure gainful employment in your home country.
• Your relative’s educational progress will come to a halt.
• Your relative has children from a previous relationship who will not be allowed to live or visit your home country due to custody issues.
• Your home country has a high rate of violence.
• Your relative has financial debt in the United States that cannot be paid from your home country.

In addition to these eligibility requirements, the Department of State must also not have acted to schedule the immigrant visa interview for the applicant before the publication of date of the final rule in the Federal Register, January 3, 2013. Those ineligible to file under this rule, however, may still be able to file a provisional waiver if, for example, a new I-130 relative petition is filed with USCIS by a different petitioner on their behalf.

How Many Waivers Does USCIS Typically Approve?

In Fiscal Year 2011, USCIS received 23,262 I-601 waiver applications, and approved 17,790 of them…. roughly a 76 percent approval rate. According to USCIS, however, the approval rate in Ciudad Juarez, Mexico last year was even higher….closer to 90 percent.

What Happens if My Wavier is Denied?

Individuals whose waivers are denied will be subject to USCIS guidance and law enforcement priorities for issuing Notices to Appear (NTA) in immigration court.  For example, convicted criminals, public safety threats, and those suspected of fraud, among others, will receive NTAs to appear in Immigration Court for removal proceedings.

However, anyone else who is denied an I-601 waiver will have the choice to either abandon the process (while still remaining in the United States) or appeal the denial — while staying in the United States for the two or three years it typically takes to adjudicate the appeal.

Of course, the I-601 waiver does not guarantee admission into the United States, as the U.S. Consulate can always, after the initial consular interview, discover new grounds of inadmissibility, which may not have an applicable waiver to cure the specific ground of inadmissibility.

The bottom line is that those who abandon the waiver process, or who have their waiver appeals denied, if not priority cases for ICE, will be back to square one—undocumented and married to U.S. Citizens. But at least they will be with their families in the United States, rather than separated from them, or forced to move under duress.

EFFECTIVE DATE – The new process will become effective on March 4, 2013. The filing fee is $585 for the I-601A provisional waiver form. No filings will be accepted by USCIS before this date. The projected processing time for the waivers will be approximately four months.

Please see here for the final rule: http://tinyurl.com/as4fld8.

Deferred Action for Childhood Arrivals-FAQ

On August 15^th, 2012, U.S. Citizenship and Immigration Services (USCIS) began accepting requests for consideration of deferred action for childhood arrivals.

What is Deferred Action? 

Deferred action is a discretionary determination to defer removal action of an individual, via an act of prosecutorial discretion. If granted, it will allow young people, brought to the United States as young children, through no fault of their own, the chance to work, study, and live in the U.S. without fear of deportation. The deferred action program is intended to help streamline enforcement of federal immigration laws by focusing limited immigration enforcement resources on removing undocumented immigrants who have been convicted of crimes, or who are considered to be a risk to national security.

Deferred action is not amnesty or immunity. It does not confer lawful immigration status upon an individual.Only the Congress, acting through its legislative authority, can confer such rights. As such, it is important to note that the deferred action program is not an executive order with the full force of law; accordingly, the decision to grant certain young people deferred action can be changed or reversed in the future.

How Do I Know If I Am Eligible for Deferred Action?

You are eligible to request deferred action if you:

• Were under the age of 31, as of June 15, 2012;
• Came to the United States before reaching your 16th birthday;
• Are at least 15 years of age at the time of filing;
• Up until to the present time, have continuously resided in the United States since June 15, 2007, other than for brief innocent departures;
• Were physically present in the United States on June 15, 2012, as well as at the time you  make your deferred action request with USCIS;
• Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor such as a single DUI, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 What Benefits Will I Be Entitled to Under the Deferred Action Program?

 An individual who has been granted deferred action is eligible to receive an Employment Authorization Document (EAD) in two year increments for the period of deferred action. At the expiration of the two year period, the grant of deferred action can be renewed, pending a review of the individual case. If an individual applies for and receives an extension of the period for which they were granted deferred action, they must subsequently request an extension of their employment authorization.

In Texas, and in many other states, the Employment Authorization Document (EAD) should also allow a deferred action beneficiary to obtain a drivers license.   

Undocumented immigrants who are granted deferred action will also not accrue unlawful presence in the U.S. during the period that the deferred action is in effect. However, it will not absolve these individuals of any previous or subsequent periods of unlawful presence.

Immediate relatives of qualified applicants however will not be considered for deferred action unless they independently satisfy the guidelines.

What Fees Are Required by USCIS to Apply for Deferred Action?  

The total fees payable to USCIS to apply for deferred action will be $465. This represents the standard $ 85.00 fee for biometrics and the standard $380.00 fee for the Employment Authorization Document.

How Do I Prove to USCIS That I Am Entitled to Deferred Action?

 You can start by gathering documents that demonstrate:

1. You came to the United States before the age of 16;

2.  You have continuously resided in the United States for at least five years preceding June 15, 2012;

3.  You were physically present in the United States as of June 15, 2012;

4. Your identification, such as a passport, birth certificate accompanied by photo identification;

5.     You are either in school, graduated from high school, or have obtained a GED.  This includes, but is not limited to: A GED certificate, a high school diploma, report cards, and school transcripts.

Documents that will establish the foregoing, include, but are not limited to: financial records (lease agreements, phone bills, credit card bills, etc), medical records, school records, such as transcripts and diplomas, employment records, and military records.

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, Department of Homeland Security ( DHS) has indicated that in some instances, multiple sworn affidavits, signed by a third party under penalty of perjury, can also be used to support meeting the following guidelines, but only if the documentary evidence available is insufficient or lacking:

• A gap in the documentation demonstrating that you meet the five year continuous residence requirement; and
• A shortcoming in documentation with respect to the brief, casual and innocent departures during the five years of required continuous presence.

USCIS will not accept affidavits as proof of satisfying the following guidelines:

• You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or are an honorably discharged veteran from the Coast Guard or Armed Forces of the United States;
• You were physically present in the United States on June 15, 2012;
• You came to the United States before reaching your 16th birthday;
• You were under the age of 31 on June 15, 2012; and
• Your criminal history, if applicable.

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

If available documentary evidence is insufficient or lacking, circumstantial evidence may be used to establish the following guidelines and facts:

• You were physically present in the United States on June 15, 2012;
• You came to the United States before reaching your 16th birthday;
• You satisfy the five year continuous residence requirement, as long as you present direct evidence of your continued residence in the United States for a portion of the required five-year period and the circumstantial evidence is used only to fill in gaps in the length of continuous residence demonstrated by the direct evidence; and
• Any travel outside the United States during the five years of required continuous presence was brief, casual, and innocent.

However, USCIS will not accept circumstantial evidence as proof of any of the following guidelines or facts:

• You were under the age of 31 on June 15, 2012; and
• You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.

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 particular guideline.

How Do I Apply for Deferred Action?  

You will be required to submit your request for consideration of deferred action to USCIS through form I-821D, Consideration of Deferred Action for Childhood Arrivals. You will also have to apply for employment authorization on forms I-765 and I-765WS.  It is important to note that in order to receive employment authorization, you must demonstrate “an economic necessity for employment.”

Am I Allowed to Travel Outside the U.S. While I Apply for Deferred Action?

If you travel outside of the U.S. after August 15, 2012, you will not be eligible for deferred action.  However, if USCIS approves your request for deferred action, you can travel outside of the U.S., if you apply for and receive advance parole from USCIS. Advance parole allows you to leave the U.S. for humanitarian, employment, and educational reasons.

Will I Have to Undergo a Background Check As Part of My Deferred Action Request?

All individuals applying for deferred action will have to submit to biographic and biometric checks. These checks involve comparing the biographic and biometric information that you provide against a variety of information databases kept by the federal government.

 Am I Still Eligible for Deferred Action if I Have a Criminal Record?

It depends. A laundry list of various crimes will disqualify potential beneficiaries from benefits under the deferred action program, including, but not limited to:

•  A felony conviction;
• A single DUI;
• Three or more unrelated misdemeanor convictions;
• A single “significant misdemeanor” conviction. This includes crimes involving violence such as threats, assault and domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; and unlawful possession of drugs;
• Simple traffic offenses will not disqualify an applicant.

If you have ever been arrested, you should also request a copy of your criminal history from your state or the FBI.

 Is Deferred Action Available if I Am Already in Removal Proceedings or if I Am Already Under an Order of Voluntary Departure?

The deferred action policy is available to persons who are in, or have been in removal proceedings, as well as persons with a final removal or voluntary departure order, even if they are under fifteen years of age.

Specifically, three categories of individuals are affected:

• Persons currently in removal proceedings may have those proceedings terminated;
• Persons with a final removal order can also apply for deferred action with USCIS as soon as the agency begins accepting applications;
• Persons whose departure period has not yet expired can have their cases re-opened for purposes of termination and a grant of deferred action.

If you are in one of these three categories, you should take immediate action to make sure that you are not removed from the U.S.

If My Deferred Action Application is Denied, Can I Appeal the Decision?

You cannot an appeal or submit a motion to reopen/reconsider if your application is denied.  However, the memo is silent about whether you can reapply for deferred action if your initial application is denied.

In extremely limited situations, you can request a review of the denial.

Will the Information I supply USCIS for My Deferred Action Application be Kept Confidential?

According to USCIS, information provide in a request for deferred action, including information about family members and guardians, will not be shared with ICE and U.S. Customs and Border Protection (CBP) for the purpose of removal (deportation) proceedings unless USCIS finds that you are a threat to national security, have committed fraud in the deferred action application, or have been convicted of a criminal offense. However, the information in your request may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than deportation, including to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense.

If My Deferred Action Application is Denied, Will I be Placed in Deportation Proceedings?

It is against USCIS policy to refer cases to ICE where there is no evidence of fraud, a criminal offense, or a threat to public safety or national security, unless there are exceptional circumstances. However, before you apply, it is important that you first consult with a qualified immigration practitioner if you have ever been arrested or convicted of any kind of crime.

What Should I Do Now to Get Ready to Apply for Deferred Action?

We are recommending that individuals who are, or who think they may be eligible for the deferred action program do the following to prepare to file their application for deferred action:

• Review their immigration history with a qualified immigration attorney to verify that they are indeed eligible for deferred action;
• Review their family’s immigration history to see who else in their family might be eligible for deferred action;
• Get the required supporting documents in order for submission to USCIS;
• If applicable, request a copy of your criminal history from your state or the FBI;
• Set aside sufficient funds to cover the required USCIS fees.

President Obama Offers ‘Deferred Action’ To Young Undocumented Immigrants

On June 15^th, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano announced that effective immediately, young people brought to the United States through no fault of their own as young children will be considered for ’deferred action’ from removal proceedings. This will allow beneficiaries thereof to affirmatively apply for the chance to work, study, and live in the U.S. without fear of deportation…provided they meet certain key criteria.

The Obama administration, which has already deported more undocumented immigrants than any administration in U.S. history, has attempted to focus its deportation (removal) efforts on those who pose a danger to national security, are a risk to public safety, or who have serious or multiple criminal convictions. The recently announced deferred action program is an extension of the administration’s policy of focusing on removing undocumented immigrants convicted of crimes.

“Over the past three years, the administration has undertaken an unprecedented effort to transform our nation’s immigration enforcement system into one that focuses on public safety, border security, and on the integrity of the immigration system,” Napolitano said.

Since the new policy was announced last month, our office has received numerous phone calls from young people wondering if they are eligible for the program. And, while we do know the basic eligibility criteria of the program, like everyone else, we are still awaiting further details on the program from the United States Citizenship and Immigration Services (USCIS).  Secretary Napolitano has given USCIS until August 14, 2012, to come up with the specific details for administering the program.

What is Deferred Action? Is it a Form of Amnesty?

First of all, it’s important to note that deferred action does not confer lawful immigration status upon an individual.

Secretary Napolitano was quick to point out that deferred action, which will initially be for a period of two years, will “not provide permanent lawful status or start them on a pathway to citizenship,” and “is well within the framework of our existing laws.”

“This grant of deferred action is not immunity. It is not amnesty,” she said. “It is an exercise of discretion so that these young people are not entering the legal system. It will help us continue to streamline immigration enforcement.”

What deferred action does, however, is defer deportation (removal) of qualified individuals from the United States via an act of prosecutorial discretion. In other words, it can be bestowed only at the discretion of the federal government…there is no right to a grant of deferred action under the law.

Who Is Eligible for Deferred Action?

As mentioned above, the specific details of the program have yet to be published by USCIS. However, we do know the minimal requirements that any potential beneficiary of this program must meet. They are as follows:

• Be between the ages of 15-30 years old;
• Have entered the United States before age 16;
• Been present in the U.S. for at least 5 years as of June 15, 2012;
• Maintained continuous residence in the United States since that time;
• Have not been convicted of either one serious crime, or multiple minor crimes;
• Be currently enrolled in high school, a high school graduate, have a GED, or a veteran of the U.S. Military or Coast Guard.

Am I Still Eligible for Deferred Action if I Have a Criminal Record?

A laundry list of various crimes will disqualify potential beneficiaries from benefits under the deferred action program, including, but not limited to:

•  A felony conviction;
• A single DUI;
• Three or more unrelated misdemeanor convictions;
• A single “significant misdemeanor” conviction. This includes crimes involving violence such as threats, assault and domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; and unlawful possession of drugs;
• Simple traffic offenses will not disqualify an applicant.

What Benefits Will I Be Entitled to Under the Deferred Action Program?

An individual who has been granted deferred action is eligible to receive employment authorization in two year increments for the period of deferred action. This employment authorization can be renewed indefinitely.  Also, in Texas, and in many other states, the Employment Authorization Document (EAD) should also allow a deferred action beneficiary to obtain a driver’s license.

Undocumented immigrants who are granted deferred action will also not accrue unlawful presence in the U.S. during the period that the deferred action is in effect. However, it will not absolve these individuals of any previous or subsequent periods of unlawful presence.

What Fees Are Required by USCIS to Apply for Deferred Action?  

As of yet, there has been no announcement from USCIS regarding fees for the deferred action program.

Is Deferred Action Available if I Am Already in Removal Proceedings?

The deferred action policy is available to persons who are in, or have been in removal proceedings.

Specifically, three categories of individuals are affected:

• Persons currently in removal proceedings may have those proceedings terminated;
• Persons with a final removal order can also apply for deferred action with USCIS as soon as the agency begins accepting applications;
• Persons whose departure period has not yet expired can have their cases re-opened for purposes of termination and a grant of deferred action.

If you are in one of these three categories, you should take immediate action to make sure that you are not removed from the U.S.

Is There Anything I Can Do Now to Get Ready for the Policy Change?

We are recommending that individuals who think they may be eligible for the deferred action program do the following:

• Review their immigration history to verify that they are indeed eligible for benefits under the new program;
• Review their family’s immigration history to see who else in their family might be eligible under the new program;
• Correct any deficiencies, if possible, in their pending application with the assistance of a qualified immigration attorney; and
• Ascertain what forms of documentation are likely to be required for submission to USCIS.

Lastly, you need to be aware that some unauthorized practitioners of immigration law, as well as some unscrupulous immigration attorneys, may wrongly claim that they can currently file an affirmative deferred action application on your behalf. Be assured they cannot. However, by becoming better acquainted with the details of what is currently known about the deferred action program, as well as by following some of the preparatory steps suggested herein, applicants can give themselves a head-start on the application process that will allow them to affirmatively file for deferred action as soon as possible…..once the specific details of the program are published by USCIS.