Deferred Action from Removal (Deportation)

At National Security Law Firm (NSLF), we understand the immense stress deportation can place on military families. Deferred Action is a form of discretionary relief that allows eligible individuals to remain in the United States temporarily while they work to resolve their immigration status. For families of service members, this relief is especially important in providing stability and security. Our team is here to guide you through the process and help you protect your family from deportation.

What Is Deferred Action?

Deferred Action is a temporary protection from removal (deportation) granted by U.S. Citizenship and Immigration Services (USCIS). It does not provide permanent residency or citizenship but allows individuals to remain in the U.S. legally for a specified period while addressing their immigration status.

Key Benefits:

• Protection from deportation.
• Eligibility to apply for work authorization (Form I-765).
• Time to resolve immigration issues, such as applying for permanent residency.

How Much Does Deferred Action Cost?

At National Security Law Firm, we believe in providing clear and transparent pricing for all our clients. For those seeking deferred action, we offer a flat fee of $1,995, ensuring there are no surprises about the cost of our services.

To make our representation more accessible, we provide legal financing options that allow you to spread payments over 3 to 24 months. This flexibility helps you focus on your case without immediate financial stress.

Learn more about our financing options here or book a free consultation today. Let us assist you in taking the next step toward security and peace of mind.

Who Qualifies for Deferred Action?

Deferred Action is granted on a case-by-case basis. Family members of service members, veterans, or reservists may qualify for this relief if they meet certain criteria:

1. Relationship to a Service Member

• You must be an immediate family member of:
  • Active-duty service member.
  • Veteran who served honorably.
  • Reservist in the U.S. Armed Forces or National Guard.

2. Immigration History

• You must be at risk of deportation or removal from the U.S. due to your immigration status.

3. Good Moral Character

• You must demonstrate good moral character with no significant criminal history or immigration violations.

4. Additional Considerations

• USCIS may also consider factors such as:
  • The service member’s active-duty obligations and family needs.
  • Your ties to the U.S., including family, community involvement, and length of residence.

How Does Deferred Action Work?

Deferred Action provides temporary relief from deportation, typically for two years, and may be renewed. While it does not provide a direct pathway to permanent residency or citizenship, it offers a critical opportunity to stabilize your status while pursuing other immigration benefits.

Application Process for Deferred Action

The process of applying for Deferred Action involves several steps:

Step 1: File a Request with USCIS

• Submit a written request for Deferred Action, including a detailed explanation of why relief is necessary.

Step 2: Provide Supporting Evidence

Include documentation to demonstrate:

• Your relationship to the service member (e.g., marriage certificate, birth certificate).
• The service member’s military service (e.g., military ID, DD Form 214).
• Proof of good moral character (e.g., affidavits, police clearances, tax returns).
• Your ties to the U.S. and potential hardship if removed.

Step 3: Apply for Work Authorization (Optional)

• File Form I-765 (Application for Employment Authorization) to request the ability to work legally while on Deferred Action.

Step 4: Await Decision

• USCIS will review your case and notify you of their decision. If approved, you will receive documentation confirming your Deferred Action status.

Common Challenges and How We Help

1. Proving Eligibility – Establishing eligibility for Deferred Action requires thorough documentation and a strong case presentation.

2. Addressing Past Immigration Violations – Prior immigration violations, such as unlawful entry or overstays, may complicate the application process.

3. Navigating USCIS Requirements – Frequent relocations or deployments may make it difficult to gather necessary documents or meet deadlines.

At NSLF, we specialize in overcoming these challenges, ensuring your application is complete, accurate, and compelling.

Strategies for a Strong Deferred Action Case

• Highlight Your Ties to the U.S.
  • Provide evidence of strong community ties, such as employment records, homeownership or rental agreements, school records for children, or letters of support from community members.
• Document the Service Member’s Contributions
  • Emphasize the military service member’s role and the potential impact of deportation on their ability to serve effectively. Include deployment orders, military awards, or a letter from their commanding officer.
• Prepare Thorough Evidence of Good Moral Character
  • Gather police clearance certificates, affidavits from employers or religious leaders, and proof of tax filings to demonstrate your compliance with laws and good moral character.
• Leverage Legal Expertise
  • Work with an experienced attorney to craft a compelling narrative for your case and ensure all required documents are submitted accurately and on time.

Common Mistakes to Avoid

• Submitting Incomplete or Inaccurate Applications
  • Missing documentation, incorrect information, or incomplete forms can lead to delays or denials.
• Failing to Demonstrate a Strong Relationship
  • Ensure your familial relationship to the service member is well-documented with official certificates and other evidence.
• Ignoring USCIS Deadlines
  • Late submissions can jeopardize your case. Stay on top of all deadlines and communication with USCIS.
• Not Providing Enough Evidence of Good Moral Character
  • Without sufficient proof of compliance with U.S. laws, your case may be weakened.

FAQs About Deferred Action

• How Long Does Deferred Action Last?
  • Typically, Deferred Action is granted for two years, with the possibility of renewal.
• Does Deferred Action Provide a Path to a Green Card?
  • Not directly. However, it may allow you to pursue adjustment of status if you meet the requirements.
• Can I Apply for Work Authorization?
  • Yes, individuals granted Deferred Action can apply for work authorization using Form I-765.
• What Happens If My Application Is Denied?
  • Denial of Deferred Action does not automatically result in removal, but you may need to explore other immigration relief options with an attorney.
• Is Deferred Action the Same as Parole in Place (PIP)?
  • No, PIP is specifically for undocumented family members of military personnel, while Deferred Action may apply to a broader range of situations.

Expediting Deferred Action Cases

• Military Service Justifications
  • Highlight urgent service-related needs, such as deployments, relocations, or other military obligations.
• Request Expedited Processing
  • Submit a formal request to USCIS with documentation showing extreme hardship or compelling circumstances.
• Demonstrate Urgent Hardship
  • Provide evidence of hardship that deportation would cause to the service member, family members, or community.

Good Case vs. Bad Case Examples

Good Case Example

• Scenario: A spouse of an active-duty service member with no criminal history, strong community ties, and extensive documentation of hardship if removed.
• Why It’s Strong: The case demonstrates compliance with the law, a genuine relationship to the service member, and a clear benefit to granting relief.

Bad Case Example

• Scenario: An undocumented individual with a history of criminal convictions, minimal ties to the U.S., and incomplete application materials.
• Why It’s Weak: Criminal history and lack of evidence weaken the argument for good moral character, making it less likely to succeed.

Why Choose National Security Law Firm?

1. Military Immigration Experience: We have extensive experience assisting military families with Deferred Action and other immigration matters.
2. Compassionate Advocacy: Our team understands the unique pressures military families face and provides personalized guidance.
3. Efficient Service: We work diligently to ensure your case is processed without unnecessary delays.

Take the Next Step

If you or your family are at risk of deportation, Deferred Action can provide the time and protection needed to stabilize your immigration status. Let the National Security Law Firm help you navigate this process and secure the relief you deserve.

• Schedule a Free Consultation: Book now

At NSLF, we’re proud to stand with the families of those who serve our nation. It’s Our Turn to Fight for You!