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Los Angeles Immigration Attorneys:  1055 E. Colorado Blvd. Suite 500, Pasadena, CA 91106.  PH: 626-240-2654
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Q5: Will the processing of other applications and petitions (such as family-based petitions and green
card applications) be delayed?

A5:
USCIS is working hard to build capacity and increase staffing to begin accepting requests and applications for
the initiatives. They will monitor resources and capacity very closely, and they will keep the public and all of
their stakeholders informed as this process develops over the course of the coming months.

Q6: What security checks and anti-fraud efforts will USCIS conduct to identify individuals requesting
deferred action who have criminal backgrounds or who otherwise pose a public safety threat or
national security risk?

A6:
USCIS is committed to maintaining the security and integrity of the immigration system. Individuals seeking
deferred action relief under these new initiatives will undergo thorough background checks, including but not
limited to 10-print fingerprint, primary name, and alias name checks against databases maintained by DHS
and other federal government agencies. These checks are designed to identify individuals who may pose a
national security or public safety threat, have a criminal background, have perpetrated fraud, or who may be
otherwise ineligible to request deferred action. No individual will be granted relief without passing these
background checks.

 In addition, USCIS will conduct an individual review of each case. USCIS officers are trained to identify
 indicators of fraud, including fraudulent documents. As with other immigration requests, all applicants will be
 warned that knowingly misrepresenting or failing to disclose facts will subject them to criminal prosecution
 and possible removal from the United States.

Q7: What if someone’s case is denied or they fail to pass a background check?

A7:
Individuals who knowingly make a misrepresentation, or knowingly fail to disclose facts, in an effort to obtain
deferred action or work authorization through this process will not receive favorable consideration for
deferred action. In addition, USCIS will apply its current policy governing the referral of individual cases to
Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear before an immigration
judge. If the background check or other information uncovered during the review of a request for deferred
action indicates that an individual’s presence in the United States threatens public safety or national security,
USCIS will deny the request and refer the matter for criminal investigation and possible removal by ICE,
consistent with existing processes.  

Q8: If I currently have DACA, will I need to do anything to receive the third year of deferred action and
work authorization provided by the executive initiatives?

A8:
The new three-year work authorization timeframe will be applied for applications currently pending and those
received after the President’s announcement. Work authorizations already issued for a two-year period
under the current guidelines will continue to be valid through the validity period indicated on the card. USCIS
is exploring means to extend previously issued two-year work authorization renewals to the new three-year
period.
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