Deferred Action for MAVNI


  • Admin

    All the MAVNI enlistees who are out of status can now ask for "Deferred Action" from USCIS. You can get work authorization before you get shipped out to BCT. Your parents also can get benefits from this memorandum. Please read the memo carefully and ask for legal advice before applying.


    KEY TERMS:
    DA – Deferred Action
    DACA – Deferred Action for Childhood Arrivals
    DEP – Department of Defense Delayed Entry Program
    LPR – Lawful Permanent Resident
    MAVNI – Military Accessions Vital to the National Interest
    PIP – Parole in Place
    TPS – Temporary Protected Status

    What is Parole in Place?

    Parole in place allows a foreign national who came into the United States without authorization by an immigration officer to stay for a certain period of time. Parole in place is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit. Parole is considered a lawful immigration status for purposes of certain immigration benefits, such as a Green Card. Parole, however, does not excuse any periods of unlawful presence outside of the parole period.

    Why would I need parole in place? If you are in the United States without authorization by an immigration officer, you may be ineligible for several immigration benefits. If your request for parole in place is approved, you:

    • Do not accrue unlawful presence during the period specified;
    • May apply for a work permit for the specified period (see Form I-765, Application for Employment Authorization); and
    • May be able to apply for an immigration benefit that requires a lawful entry, including a Green Card, if you are eligible. Note that parole by itself does not lead to any immigration status or other immigration benefit.

    Am I eligible for parole in place? You may be eligible for parole in place in one-year increments if you are the spouse, widow(er), parent, son, or daughter of:

    • An active-duty member of the U.S. armed forces;
    • An individual in the Selected Reserve of the Ready Reserve; or
    • A military veteran (whether living or deceased, as long as he or she was not dishonorably discharged) who served in active duty or in the Selected Reserve of the Ready Reserve.

    How do I request parole in place?

    • You will need to complete Form I-131,Application for Travel Document, and submit it (without fee) to your local USCIS office.
    • You will also need to provide copies of documents that show you are eligible for parole in place (do not submit originals). This includes evidence of the family relationship, and proof that your relative is or was an active-duty member of the U.S. armed forces or in the Selected Reserve of the Ready Reserve.
    • For complete details on how to request parole in place, please visit https://www.uscis.gov/military/discretionary-options-military-members-enlistees-and-their-families.

    What is Deferred Action?

    Deferred action is a discretionary decision to postpone someone’s removal from the United States for a certain period of time. Deferred action does not provide lawful status, and it does not excuse any periods of unlawful presence outside of the deferred action period.

    Why would I need deferred action? If you are subject to removal and are not eligible for parole in place or a lawful status, deferred action would allow you to stay in the United States for a certain period of time. If your request for deferred action is approved, you:

    • Are considered to be lawfully present in the United States for the period specified; and
    • May apply for a work permit for the specified period if there is financial need (see Form I-765, Application for Employment Authorization).

    Am I eligible for deferred action? You may be eligible for deferred action in two-year increments if:

    • You are the spouse, widow(er), parent, son, or daughter of:
      • An active-duty member of the U.S. armed forces;
      • An individual in the Selected Reserve of the Ready Reserve; or
      • A military veteran (whether living or deceased, as long as he or she was not dishonorably discharged) who served in active duty or in the Selected Reserve of the Ready Reserve; or
    • You are an enlistee - or the spouse, parent, son, or daughter of an enlistee - in the Department of Defense Delayed Entry Program (DEP), including through the Military Accessions Vital to the National Interest (MAVNI) program

    How do I request deferred action?

    • You will need to provide a letter to your local USCIS office explaining why you are requesting deferred action
    • You will also need to provide copies of documents that show you are eligible for deferred action (do not submit originals). This includes evidence of the family relationship (if applicable), and proof that your relative is or was an active-duty member of the U.S. armed forces or in the Selected Reserve of the Ready Reserve, or that you or your relative is a DEP enlistee
    • For complete details on how to request deferred action, please visit https://www.uscis.gov/military/discretionary-options-military-members-enlistees-and-their-families.

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    References:
    USCIS memorendum - https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/PIP-DA_Military_Final_112316.pdf

    Brochure - https://www.uscis.gov/sites/default/files/images/Brochure-Immigration_Options_for_Family_of_Certain_Military_Members_and_Veterans.pdf


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