DREAMers Can Apply for Deferred Action

On August 14, 2012, the Department of Homeland Security started accepting applications for Deferred Action for DREAMers, young people who came to the U.S. as children and have lived here for many years.  While this is not a new law, while we wait for the DREAM Act to hopefully still be passed, this offers a meaningful alternative to an estimated 800,000 to over 1 million people in the U.S.

What is deferred action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion.

You may request consideration of deferred action for childhood arrivals if you:

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, OR three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Examples of Documents to Submit to Demonstrate you Meet the Guidelines

Proof of identity	Passport Birth certificate with photo identification School or military ID with photo Any U.S. government immigration or other document bearing your name and photo
Proof you came to U.S. before your 16th birthday	Passport with admission stamp Form I-94/I-95/I-94W School records from the U.S. schools you have attended Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear) Travel records Hospital or medical records
Proof of immigration status	Form I-94/I-95/I-94W with authorized stay expiration date Final order of exclusion, deportation, or removal issued as of June 15, 2012 A charging document placing you into removal proceedings
Proof of Presence in U.S. on June 15, 2012	Rent receipts or utility bills Employment records (pay stubs, W-2 Forms, etc) School records (letters, report cards, etc) Military records (Form DD-214 or NGB Form 22) Official records from a religious entity confirming participation in a religious ceremony Copies of money order receipts for money sent in or out of the country Passport entries Birth certificates of children born in the U.S. Dated bank transactions Social Security card Automobile license receipts or registration Deeds, mortgages, rental agreement contracts Tax receipts, insurance policies
Proof you continuously resided in U.S. since June 15, 2007
Proof of your student status at the time of requesting consideration of deferred action for childhood arrivals	School records (transcripts, report cards, etc) from the school that you are currently attending in the United States showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level U.S. high school diploma or certificate of completion U.S. GED certificate
Proof you are an honorably discharged veteran of the U.S. Armed Forces or the U.S. Coast Guard	Form DD-214, Certificate of Release or Discharge from Active Duty NGB Form 22, National Guard Report of Separation and Record of Service Military personnel records Military health records

It is very important that a licensed immigration attorney assist you to file for a request for Deferred Action. Do not be fooled into thinking an immigration consultant, “notario,” or other professional can assist you with this program.  While the USCIS has stated that the information collected may not lead to enforcement or removal of criminal aliens, close inspection of their guidance suggests that certain serious offenders who apply for Deferred Action could be issued a Notice to Appear (NTA) before an Immigration Court under the government’s limited policy procedures for the issuance of an NTA.

For more information, contact our firm, visit the USCIS webpage set up for Childhood Arrivals seeking Deferred Action, or visit this website (also in Spanish) set up by the American Immigration Lawyers Association and its affiliates.

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