Do I Need an Attorney to Apply for Deferred Action? Five Tips to Prepare Your Package

On “Ask the Attorney a Question,” attorney Jessica Dominguez advises when you should seek legal council before applying for deferred action. This segment also includes five tips to use when preparing your deferred action package.

One frequently asked question in our community is: “Do I need an attorney to apply for deferred action?”

Individuals that meet the necessary requirements from USCIS do not need an attorney to apply for deferred action; however there are certain circumstances in which individuals should seek legal council before submitting their application.

Candidates for deferred action should consider seeking legal council when:

• They have been convicted of a crime in the U.S. or their country of origin
• They were detained at the time of entry
• They have previous deportation orders or are currently facing deportation proceedings
• They were previously denied  an application for a benefit under immigration laws

Individuals uncertain as to whether they qualify for deferred action should consult with an immigration attorney. If the expense of an attorney is not feasible there are many community organizations offering forums on deferred action where individuals can have their applications reviewed by attorneys volunteering their time.  

Applicants are encouraged to use the following five tips to improve their applications for deferred action:

1) Take the time to review every page of each of the following applications:

• I821D
• I765 for employment authorization
• I765WS to establish economic need for employment in the United States

     Be sure to read the instructions carefully where USCIS states the type of evidence to submit and the information sought in the application.

2) Individuals registering documents in another language must have the documents translated to English and certified by the person translating.

3) Submit a package that is easy to review. Organize a deferred action application with a table of contents that clearly outlines the type of evidence enclosed and the deferred action requirement that it fulfills. An organized and easy-to-read application will make it easy for an immigration officer to understand the information and it will facilitate the processing of an individual’s application.

4) If an individual does not comprehend a question on the application they should seek the assistance of a community based organization or attorney. It is important not to lie or guess on an application because it could result in a denied application or a referral for removal proceedings.

5) Do not rush an application because it could result in lack of evidence or mistakes that could result in the denial of an application. Make copies of all documents submitted to USCIS and ensure that an application is submitted via certified mail.

The previous steps and a thorough application could help improve chances of approval for deferred action. It is important to note that if an application is denied there will not be an opportunity to appeal the decision. For this reason it is of the utmost importance to ensure that an application contains all necessary information before submission.