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Deferred Action

DEFERRED ACTION

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Deferred action is an agreement by DHS to defer deportation. It is a generally informal process, and a denial cannot be appealed.

 

Often, medical grounds are given greater consideration than other concerns. Though deferred action usually involves a single individual, it has been applied to entire nationalities, similar to TPS, or classes of people.

 

Requests are usually made to Immigration Customs and Enforcement (ICE) where decisions are made by a Field Officer who considers factors such as: the likelihood of the noncitizen being actually deported; the likelihood of bad publicity if the noncitizen is actually deported; the need for the noncitizen's presence for ongoing investigations into criminal cases; and whether the noncitizen is a member of a class of people whose removal has been given high priority. A request can be made at any time. Deferred action does not grant any immigration status; it is similar to achieving a stay of removal (discussed above).

 

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At the Law Offices of Louis Edward Valencia II, LLC, we offer a wide range of representation to immigration law of all types.

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