Several individuals present in the United States qualify for an immigration program called “Deferred Action.” There are several types of deferred action available to immigrants in the United States, but the focus of this blog is for those who are the caregivers of children, parents, or spouses that are United States citizens or Lawful Permanent Residents with severe medical conditions.

Circumstances For Deferred Action

 This type of Deferred Action is an excellent option for individuals and families without status who present these compelling equities: 

  • a serious medical condition
  • long-term presence in the United States
  • close family ties

 

A Humanitarian Outlook 

Under this type of program, individuals might request the U.S. Citizenship and Immigration Services (“USICS”) to defer removal or deportation for humanitarian reasons. This kind of discretion is vital to maintaining a compassionate immigration system and a healthy society. It also helps to carefully use limited resources to deport those who present a danger.

Historically, officials have considered the following factors:

  • the likelihood of removal
  • the presence of sympathetic factors
  • the likelihood a large amount of adverse publicity will be generated because of the sympathetic factors
  • whether the individual is a member of a class of deportable aliens whose removal has been given high enforcement priority

If Deferred Action is granted, it is given in 2-year increments. While Deferred Action does not confer lawful status on an individual and does not provide a path to permanent residence or citizenship, individuals who have obtained deferred action are eligible to apply for employment authorization.

Making a World of Difference

Recently, our office helped a single mother of a four-year-old US citizen with severe Down’s Syndrome, intellectual disabilities, and heart defects.  Our client needed a driver’s license to be able to take her child to doctor appointments and therapy without the worry of immigration authorities detaining her.

Thanks to the Deferred Action program, our client was able to obtain an employment authorization card and a Georgia Driver’s License. Our client is now focusing on the health of her child without being worried about deportation.

Considering Deferred Action Options

If you are the caregiver of a U.S. citizen or Lawful Permanent Resident child, parent, or spouse with severe medical conditions, you may want to consider this option. If you want more information about this type of Deferred Action, contact the attorneys Zambrano & Ruiz at 770-769-5820.