USCIS reopens deferral requests after sending letter denying non-military/DACA requests pending prior to August 7.

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On August 7, the USCIS sent out letters informing those with existing/pending deferral requests that their cases were denied and that they had 33 days to leave the country. A good number of these that received such letters were legally in the United States in order to receive lifesaving medical treatment. Some were children with cancer or other diseases. After receiving a good deal of criticism for the move, the USCIS announced recently it would reopen the denied cases, and sent out another letter informing the relevant parties of such. The move did not appear to come with a notice to the public or otherwise any warning for the drastic policy change. Here is a link to the USCIS announcing it is reopening these deferral requests.

If you’re confused, you’re not alone.

What is a Deferral Request?

A deferral request in this sense refers to requests for deferred action, which is,

“… a discretionary decision to temporarily postpone the removal from the United States of a person who is illegally present.” (See the USCIS announcement here).

What Deferral Requests are Affected?

The deferral requests affected by the decision to reopen the recently denied cases are those that are non-military, and non-DACA (Deferred Action for Childhood Arrivals).


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