Source : Wadhia, Shoba Sivaprasad. The Pennsylvania State University, Social Science Research Network. ICE and its predecessor INS have also broadly applied prosecutorial discretion to provide discretionary relief from removal targeted towards to particular groups of unauthorized immigrants. These broad-based grants of relief include tools such as parole, temporary protected status, deferred enforced departure, and extended voluntary departure.
This policy was implemented to keep families together, specifically the spouses and children of those who were legalized under the Immigration Reform and Control Act IRCA of VAWA authorized undocumented victims of domestic violence at the hands of their U.
Under VAWA, these individuals did not have to rely on their abusive family members to sponsor their request for relief and sign the petition on their behalf, instead the applicants themselves could file an application for immigration relief.
Under this program, immigration officers approving VAWA self-petitions were required to determine on case-by-case basis whether the individual was eligible for the deferred action status.
To apply for deferred action as a VAWA self-petitioner, an individual must file Form I and submit it together with supporting documentation, including evidence of the abuse or extreme cruelty and proof of relationship to the abuser. Under approval of the VAWA petition, the applicant is first granted deferred action but later he or she may apply for lawful permanent resident status.
The time delay between grant of the deferred action and application for LPR status depends on the situation of the given petitioner. So that these qualifying VAWA self-petitioners can avoid deportation while awaiting determinations on their applications, deferred action serves as a valuable tool for these individuals.
Upon its creation in , DHS similarly made deferred action readily available to classes of undocumented immigrants with strong humanitarian claims against deportation. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation.
Learn More. AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more. Our collective efforts have been crucial to the reversal of this policy. AILA is continuing to monitor this reversal and its implementation, and will update members with additional information as it is provided.
Effective August 7, , USCIS is no longer adjudicating requests for non-military "deferred action," a form of temporary relief from deportation for immigrants facing special and often life-threatening circumstances. If you want to learn more about our Immigration Team, please visit the following link: Meet Our Immigration Team Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.
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