DREAMers

 

On June 15, 2012 the Department of Homeland Security (DHS)formally announced that it will offer deferred action to “DREAMers.”  For almost two months, we waited anxiously for DHS to provide us with further guidance as to who would qualify for benefits under deferred action and the forms and documents that would be required.  On August 3, 2012, DHS published a press release that answered most of our questions.

According to the August 3, 2012 press release, the will be eligible to request deferred action if the following conditions are met;

 

1.       Were under the age of 31 as of June 15, 2012;

2.        Came to the United States before reaching your 16th birthday;

3.       Have continuously resided in the United States since June 15, 2007, up to the present time;

4.       Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5.       Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6.       Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7.       Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 

DHS has yet to detail exactly what documents will be deemed reliable and acceptable, but has stated that applicants will be required to submit evidence of the following;

1.       You were born after June 15, 1981;

2.       Arrived in the United States before the age of 16;

3.       Have continuously resided in the United States since June 15, 2007, up to the present time;

4.       Were present in the United States on June 15, 2012;

5.       Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;

6.       Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and

7.       Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or

 

It is important to note that deferred action is not lawful permanent residency. Deferred action an act of prosecutorial discretion and does not provide you with a lawful status.  It will however provide the applicant with the ability to reside in the United States for a period of two years and a work authorization document that will be valid for two years. 

DHS has stated that it will publish the deferred action forms on August 15, 2012 along with a list of acceptable documents.  Applicants should not request consideration of deferred action before August 15, 2012. Requests submitted before August 15, 2012 will be rejected.

 

To schedule a complimentary consultation with Attorney Connie Isais, call (877) 2US-VISA

 

*Please note that this web page and those hereto linked, e-mails, articles or other forms of communication should NOT be taken as legal advice and are provided for general reference. Reliance upon any information for a specific situation is taken at your own risk and does not create an attorney-client relationship. Americana Law Group, APC, strongly recommends seeking advice from an attorney experienced in immigration law.

 

 


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