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Deferred Action and Work Permit Approval for South Korean Client in Dayton Ohio

by JP Sarmiento on November 5, 2012

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CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization DocumentAPPLICANT / BENEFICIARY: Korean Client in Dayton, OH

As our office explained before on our website, the USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases.  According to the USCIS Deferred Action Memorandum issued in August 2012, an individual who meets the following criteria may apply for deferred action:

  • Was under the age of 31 as of June 15, 2012;
  • Came to the U.S. before reaching his/her 16th birthday;
  • Has continuously resided in the U.S. since June 15, 2007, up to the present time;
  • Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
  • Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  • Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
  • Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

Our client’s brother contacted our office immediately after he heard of this relief on the news.  His younger brother, our client, initially came to the United States in December 2000 with a valid B-2 visitors visa when he was only 8 years old.

As of June 15, 2012, our client was twenty (20) years old.   Also, our client was studying at a college in Dayton, Ohio. Our client went to grade school, middle school and graduated from high school in the United States.  Also, since his last entry to the United States in December 2000, our client never left the United States.

He was physically present in the United States on June 15, 2012 and has continuously resided here since December, 2000. Our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.  So, our client was clearly eligible for deferred action.

Our client retained us on August 21, 2012.  Once retained, we informed him of all supporting documents we would need.  Our client and his family members sent us supporting documents that prove our client’s education history, physical presence in the United States, and his initial entry to the United States.  Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.

On August 30, 2012, our office filed his I-821D and I-765 to the USCIS.  Our client went to the ASC Appointment (Biometric appointment) at the Cincinnati USCIS office on October 2, 2012.  On November 2, 2012, the USCIS approved our client’s I-821D and I-765.  It is good for two years, and our client can now work and study in the United States lawfully.

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