Undocumented immigrants begin applying for 'deferred action' to legally delay deportation
New policy celebrated by students with a dream
Alvarez said that it is more important to fill the paper work out correctly than to fill it out quickly.
"A person who qualifies August 15 will in theory also qualify December 15 and qualify on August 15, 2013," Alvarez said. "People need to be careful when they fill out the application so they don't put something that is misleading and disqualify them from being able to enjoy deferred action.
"There is not really a right to appeal, this is a prosecutory discretion," Alvarez said. "They either give it to you or they don't and it is limited on what a person can do if he or she is rejected, which means a person should do it right the first time."
Total fees for the application are $465 — $85 for a background check and $380 to apply for Employment Authorization Document.
One person celebrating deferred action this week is David Morales-Pantoja, among the first to benefit from the federal government's change in approach.
The 20-year old was facing possible deportation after he was detained while traveling on a passenger bus Jan. 4, 2011 on his way to Louisiana. He was jailed for 17 days.
After being released he began filming a documentary on buses being pulled over to check for undocumented immigrants. That led to a second arrest by border patrol in Las Cruces, New Mexico on June 21, 2011.
But while his immigration status was under review, Homeland Security Secretary Janet Napolitano issued a memorandum June 15 urging prosecutorial discretion for those who came to the U.S. undocumented as children.
June 22, 2012 a letter arrived in the mail for Morales-Pantoja, referencing the memorandum:
"Based on my review of the record, and the facts and circumstances presented, I have decided to exercise prosecutorial discretion and defer enforcement action for David Morales-Pantoya," states the letter signed by the field office director for the immigration service.
The letter also stated that such cases are reviewed on a case-by-case basis.
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