Can I travel outside the U.S. if I get
deferred action? HESS & SCHUBERT, LLP Frequently Asked Questions
Yes, but only after receiving Advance Parole.
What documentation will I need to HESS & SCHUBERT, LLP is dedicated to people who
apply for deferred action?
• Current, unexpired passport;
need the help of experienced trial lawyers. Ted Hess and
Bill Schubert have more than 50 years of combined experi-
ence handling difficult immigration, criminal, and personal
Certified copies of school transcripts;
High school diploma or GED certificate;
injury cases. It is the only firm in Western Colorado with the
experience necessary in both criminal law and immigration
law to handle the difficult issues faced by undocumented
immigrants who are charged with crimes.
• Certified register of actions for all criminal court
• Federal income tax returns, if no longer in school; TED HESS served in Vietnam and then
spent more than 22 years as a military at-
• Paystubs or other documents showing presence
torney and judge. He retired as a Brigadier
on June 15, 2012; and General and the top lawyer in the Marine
• Proof of income, assets, and debts. Corps. He has since built a reputation as
one of the best trial lawyers in the area. In
How much does deferred action cost? the past five years, he has tried more crimi-
The government fee is $465. nal cases than any other lawyer in the area.
BILL SCHUBERT was raised in West-
How can a lawyer help me get de- ern Colorado. He received a B.A. degree in
ferred action? Government from the University of Texas
A lawyer can help you: at Austin and a law degree from Baylor
University. He became a partner in a pres-
• Get the records you need; tigious Texarkana firm and practiced there
• Organize and complete your application; for 12 years before moving back home in
• Build a case for eligibility; 2006. He has handled complex felony and misdemeanor
• Respond to requests for evidence; and cases in three states, representing defendants in two capital
• Get disqualifying convictions thrown out. murder trials and four capital appeals. He has handled hun-
dreds of felony, misdemeanor, and DUI cases in Colorado.
KAREN McCARTHY is Hess & Schu- HESS & SCHUBERT, LLP
bert’s first Spanish-speaking immigration
attorney. Karen has successfully advocated
for individuals before the U.S. Citizenship
and Immigration Service (USCIS), before
110 8th Street
immigration court, the Board of Immigra-
tion Appeals, and before international GLENWOOD SPRINGS, CO 81601
consulates. Karen holds a law degree from the American Main Line 970-945-5300 / 1-866-410-5300
University’s Washington College of Law in Washington,
DC. Upon graduation, Karen received recognition as a J.D.
For more information visit us at:
Distinguished Fellow. In addition to her law degree, Karen
holds a Bachelors degree in International Relations and www.TedHess.com
Hispanic Studies from the College of William and Mary in
Williamsburg, Virginia. Karen’s international education in-
cludes studies at the University of Morelia in Michoacán,
Mexico and the University of Valencia in Spain.
Who is eligible to receive deferred Does the process result in permanent
action? lawful status for beneficiaries?
Undocumented immigrants may apply for deferred No. You get 2 years of deferred action.
action if they:
• Are at least 15 years old and under 31 years old as
of June 15, 2012 (born on or after June 16, 1981); Will dependents and other immedi-
• Came to the U.S. under the age of 16; ate relatives of individuals who re-
• Have continuously resided in the United States ceive deferred action also be eligible
for the 5-year period ending on June 15, 2012 to receive deferred action?
and thereafter; No. The new process is available only to those who
• Are in school, have graduated from high school, satisfy the eligibility criteria.
or have obtained a GED certificate; and
• Are not disqualified by criminal convictions.
U.S. Citizenship and Immigration Services (USCIS) will How long will deferred action be Note: At the time this brochure was written, it is un-
granted for? clear whether (1) a domestic violence offense not in-
take fingerprints and a government photograph and
2 years. At the expiration of the two year period, the volving the use of force, (2) a DWAI, and (3) a Driving
will run biographic and criminal background checks in
grant of deferred action can be renewed. Under Revocation/ Suspension offense are disqualify-
a variety of government databases.
Does this policy apply to those who
What can I do about a disqualifying
are subject to a final order of removal?
Yes, as long as the individual subject to a final order criminal conviction?
can demonstrate that he or she meets the eligibility You can try a “collateral attack” under Rule 35(c) of
criteria. the Colorado Rules of Criminal Procedure. If you
were not represented by a lawyer or were given bad
advice about the immigration consequences of a
If I apply for deferred action and am criminal conviction, you may have a strong factual ba-
denied, will my family or I be deported? sis for a collateral attack.
No. USCIS will not disclose information about you or
What is deferred action? your family to ICE unless you have been convicted of I made a short trip to Mexico during
a serious crime.
Deferred action is an administrative status used by the the five years before June 15, 2012.
Department of Homeland Security (DHS). It means
Does such a trip destroy the 5 years
DHS and Immigration and Customs Enforcement (ICE) What criminal convictions will dis-
have chosen not to pursue immigration enforcement of continuous residence I am required
qualify me from deferred action?
action against you for a specified period. • Any conviction for a crime which carries a maxi- to show?
mum possible punishment of more than one year No, a brief, innocent trip outside the U.S will not in-
terrupt the 5-year continuous presence requirement.
Can I get employment authorization? of imprisonment, including any Colorado Class 1
Yes. Individuals who receive deferred action may ob- misdemeanor.
tain employment authorization. An economic neces- • Any conviction of a DUI, or a domestic violence, I graduated from high school in the
sity for employment must be shown. sex, or firearm misdemeanor, or a misdemeanor U.S. but now attend a university in
in which an actual jail sentence of more than 90
days was actually imposed. Mexico. Am I eligible for deferred
What is the benefit of employment • Three (or more) misdemeanor convictions in action?
authorization? which jail time was actually imposed. No. You do not have 5 years of continuous presence
You can get a valid social security number, a Colorado • Traffic offenses, including Driving without a Li- before June 15, 2012 and were not present in the U.S.
driver’s license, and permission to work in the U.S. cense, will not be considered convictions. on June 15, 2012.
• Juvenile convictions will be considered on a case-