USCIS Stopped Accepting Deferred Action Applicants for Non-Military Applicants
August 26th, 2019
AILA issued a practice alert on Friday, August 23, 2019 to inform members that USCIS stopped accepting and adjudicating applications for deferred action for non-military applicants. AILA members have been receiving and reporting denial notices from USCIS for pending deferred action applications. USCIS even issued denial notices for applications with scheduled interviews and Requests for Evidence pending. USCIS acknowledges that the agency provided no prior notice of this change and confirmed that as of August 7, 2019, they no longer accepted these applications.
According to USCIS:
"USCIS field offices will no longer consider non-military requests for deferred action, to instead focus agency resources on faithfully administering our nation's lawful immigration system. This redirection of agency resources does not affect DACA or other deferred action requests processed at USCIS service centers under other policies, regulations, or court orders (such as VAWA deferred action and deferred action related to the U nonimmigrant status waiting list). As deferred action is a type of prosecutorial discretion used to delay removal from the United States, USCIS will generally defer to the DHS component agency responsible for removing individuals from the United States - U.S. Immigration and Customs Enforcement (ICE) - to make most non-DACA, non-military deferred action determinations."
USCIS also confirmed that all pending non-military deferred action applications will be denied.
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This information comes from a news release from the American Immigration Lawyers Association (AILA Doc. No. 19082334).