Deferred Action Guidelines
On June 15, 2012, the Obama administration announced a new policy allowing certain young people to avoid deportation, remain in the United States and get work authorization. Under this program, young people could receive deferred action and work authorization for two years, and could renew every two years for as long as they remain eligible and the program remains in effect.
This is NOT a new law or a change to the immigration laws. This is NOT the Dream Act, although it is similar. Deferred action does NOT allow eligible people to become Permanent Residents (Green Card Holders) or US citizens.
Right now, no one knows what the application process will be. USCIS will announce the process on or before August 14, 2012. If you need help, contact an experienced and reputable immigration attorney, not a “notario” or “immigration consultant.” Unfortunately, there are likely to be a great deal of fraudulent service providers taking advantage of this new announcement.
What is Deferred Action?
Deferred action is a decision by the government not to try to deport someone. It does NOT give the beneficiary lawful immigration status. As it stands, deferred action cannot lead to a Green Card or US Citizenship. Deferred action can be taken away by the government at any time.
Who Will Be Eligible?
People who:
* arrived in the US when they were under 16;
* were in the US on June 15, 2012 and lived in the US for at least five years prior to June 15, 2012;
* are currently in school, graduated from high school, obtained a D.E.D. or are veterans of the armed services;
* have not been convicted of a felony, a “significant” misdemeanor, or multiple misdemeanors; and
* are not older than 30
Applicants will have to prove that they meet these guidelines.
What Can I Do Now?
People who may be eligible should begin gathering evidence of their date of entry, physical presence and educational history. Examples include financial records, medical records, school records, employment records, and military records, immigration court records, applications for immigration benefits, correspondence with immigration agencies, I-94 cards, driver’s licenses, birth certificates, passports, birth certificates of children born in the United States, marriage certificates, hospital records, school records, utility bills, tax returns, rental receipts, other dated receipts, bank statements, personal checks bearing a dated bank cancellation stamp, employment records, and credit card statements, among other documents.
If you have questions contact my office at:
(570) 824-3088