What is deferred action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.
The above quote was taken from the USCIS website on the new deferred policy.
So Obama’s got his new immigration policy that is suppose to kick in during the next 60 days but the problem with this shit is that it doesn’t offer any actual path towards permanent residency or citizenship.
Does deferred action provide individuals with a path to citizenship or permanent legal status?
No. A grant of deferred action is a form of prosecutorial discretion that does not confer a path to citizenship or lawful permanent resident status. Only the Congress, acting through its legislative authority, can confer these rights.
It is a policy of 2 year deferred action which means that as long as you are under 30, meet the qualifications, and (this is the kicker) at USCIS’s fucking discretion you may be rewarded deferred action so that you will not be deported, yet.
Now that you are in you can use existing policy to be eligible for employment. If you are lucky and can be deferred long enough to get married to some american before you turn 30 and wrap your shit the fuck up. But lets be real, getting married in your 20’s is some american wet dream these days. Sure you might land it but be realistic.
You need a back up and the reality is that a safer bet than a fucking wedding is to get a degree and land a job with a company willing to sponsor you then you can score a temporary or possibly permanent work permit depending on your employer and your skills. Large companies will sometimes hire you with promises of getting you permanent residency(green card). Thing is you’re looking at like spending some years at one job so unless you can find another sponsor and bounce to a new job you are stuck with them. Also they can usually hire you at a lower wage because who the fuck else is gonna sponsor you and pay for your immigration lawyer.
Those are really the two most basic paths offered right now, the reality is that most will fall into this deferred limbo and be granted temporary work permits by USCIS.
If an individual’s period of deferred action is extended, will individuals need to re-apply for an extension of their employment authorization?
Yes. If an individual applies for and receives an extension of the period for which he or she was granted deferred action, he or she must also request an extension of his or her employment authorization.
I had one, but it was only good for a year. Meaning every year I had to pay 185 bucks for another. Oh you also get to pay 175 for biometrics, never mind that your fingerprints and picture never change but you still have to do it every time you get a card. 360 a year with no promise of permanency. Ok so say you get stuck in this loop. What incentive does the USCIS have to give you citizenship? you are a reliable check, and you can’t vote but you still pay taxes! It’s a win win for a department of government that doesn’t give a shit about you. These motherfuckers haven’t even told us what the fees are for this new 2 year deferred application so who knows how much they are going to try and milk your hopes for.
Oh you want to apply for adjustment of status to permanent residency? After they cash your check for $1,070 you get a letter saying DENIED because you don’t meet any of the qualifications. Oh wait you do meet the qualifications? well you’re from mexico and are the unmarried adult child who filed in January of 2011, guess what fucker? You’re on the waiting list for Visas that starts in January of 1993! Trust me, I’ve gotten those letters telling me to leave and wait for my visa to become available. You marry or have a relative who is a citizen then your priority status gets bumped up, but guess what. Your original application is invalid, file again and drop another g in their pockets and hope you get through this time.
Until this policy says anything about priorities for visas for those who qualify and some way to receive permanent residency it is worthless. I’d like to hope that Obama was doing more than waving a carrot in front of latinos hopes but the reality is I’ve been through enough immigration offices in this country to know they don’t give a fuck about helping anyone come to this country. Immigrants are simply a cycle of denials for them to bank on until you finally give up or find a way for them not to deny you anymore.
Personally I am very curious were this goes because I am one of those kids who was brought here without permanent status. My parents came on my Father’s student visa which my mother and I fell under. They weren’t allowed to work with student visas though so while my Dad pursued a PhD our family of four was expected to live off of $400 a month given to us by the university. In 87 Regean kicked in asylum so the process started for us to change status and in the end it took over 17 years for my parents to get citizenship. After 25 years I am now an fully permanent resident. In 3 years I can apply for citizenship. Because of this bullshit I went through most of my life I am very skeptical of these promises.