USCIS: “Deferred Action” and “Provisional Waivers” public information

July 4, 2012 - no comments. Posted by in Uncategorized.


The US Citizenship and Immigration Services (USCIS) has announced certain changes in immigration policy since the beginning of 2012.

USCIS is warning individuals to read this information before taking further action.

English language fliers are available below for each, and a Spanish language flier for the Provisional Unlawful Presence Waiver I-601 process.

i601 poster FINAL050212ASspanish
2012-Fact-Sheet-Deferred Action


In English a “notario” is not the same as a lawyer.
Do not pay anyone who is presenting him or herself as a “notario” to do anything on your behalf.

Across New Jersey there are various certified free and low cost legal service providers. These are lawyers and accredited representatives who have been certified as knowledgable and professional. See the list or consult the American Immigration Lawyers Association (AILA) for a reputable immigration lawyer near you.

Information on the new policies is available below:

Deferred Action Process for Young People Who Are Low Enforcement Priorities:
U.S. Citizenship and Immigration Services (USCIS) alerts eligible individuals NOT to submit a deferred action request under the Deferred Action Process for Young People memorandum issued by Secretary Napolitano on June 15. If you submit now, your application will be rejected. The Secretary’s directive gives USCIS 60 days to create a process to accept these requests and we are unable to accept requests at this time. Please continue to check our website for updates.

The USCIS has released guidance regarding the process for consideration of deferred action for childhood arrivals. For information, visit

USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting

Public Materials for Provisional Unlawful Presence Waiver (I-601):
On March 30, 2012, the Department of Homeland Security (DHS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register outlining its plan to reduce the time U.S. citizens are separated from their immediate relatives (spouses, children, parents) while those family members are in the process of obtaining an immigrant visa to become lawful permanent residents of the United States.


Since the announcement, USCIS has become aware of public misperceptions about the rule-making process and when the provisional unlawful presence waiver process will take effect. USCIS has issued a number of public education materials to combat these misperceptions including flyers and Public Service Announcements in English and Spanish. These public materials can be found on the USCIS website on the right-hand column.
· Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting this new process and we will return the application package and any related fees to the applicant. USCIS cannot accept applications until a final rule is issued and the process change becomes effective.

· Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting